Acts and resolutions of the second session of the 156th General Assembly of the state of Georgia, volume I, 2022

ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 156TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2022
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2022 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2021-2022 and the Appropriations Act for FY 2022-2023 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, 2021, and May 1, 2022, are printed in Volume Two beginning at pages 6119 and 6145, respectively. There are no numbered pages between page 838, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2022
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. . . . . . . . . . . . . . . . . . 6119 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6145
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 120A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 125A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 127A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 413A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 415A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416A

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ELECTIONS DATES OF SPECIAL ELECTIONS REGARDING SALES AND USE TAXES WITH REGARD TO TRANSPORTATION, MASS TRANSPORTATION, OR TRANSIT SPECIAL DISTRICTS.
No. 310 (House Bill No. 907).
AN ACT
To amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special primaries and special elections generally, so as to revise provisions relating to dates for special elections; to present a question related to sales and use taxes for transportation, mass transportation, or transit special districts to the voters; to provide for a sunset provision; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special primaries and special elections generally, is amended by revising paragraph (2) of subsection (c) and adding a new division to read as follows:
"(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 (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 third Tuesday in March; provided, however, that such special election shall occur prior to July 1, 2024, and present a question to the voters on sales and use taxes authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48; (iii) The date of the general primary; or (iv) The Tuesday after the first Monday in November."
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 February 15, 2022.

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STATE GOVERNMENT PROHIBITS CERTAIN CONTRACTS WITH COMPANIES THAT BOYCOTT ISRAEL.

No. 515 (House Bill No. 383).

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to prohibit the state from entering into certain contracts with a company unless such contracts contain a certification that such company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract; to exclude certain contracts from these requirements; to 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. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended in Code Section 50-5-85, relating to state prohibited from entering into certain contracts without certification that boycott of Israel not to be conducted by other party, as follows:
"50-5-85. (a) As used in this Code section, the term:
(1) 'Boycott of Israel' means engaging in refusals to deal with, terminating business activities with, or other actions that are intended to limit commercial relations with Israel or companies doing business in Israel, with Israel, organized under the laws of the State of Israel, or licensed by Israel to do business in Israel, when such actions are taken:
(A) In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason. (2) 'Company' means any organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or

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other entity or business association which employs more than five persons but excludes individuals and sole proprietorships, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (b) The state shall not enter into a contract valued at $100,000.00 or more with a company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel."

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

Approved February 21, 2022.

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ELECTIONS ETHICS IN GOVERNMENT ACT; COMPREHENSIVE REVISION.

No. 521 (Senate Bill No. 120).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to revise the powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to provide for and revise a short title; to revise and provide definitions; to provide for assignment for administrative purposes; to revise procedures for the initiation of complaints; to revise requirements for certain accounts, the disposition and expenditure of certain contributions, filings, registrations, and records of accounts; to revise how maximum contribution limits are implemented; to revise certain financial disclosure requirements; to revise purposes requiring registration with the commission; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This act shall be known as and may be cited as the "Ethics in Government Act of 2021."

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SECTION 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising Code Section 21-5-1, relating to a short title, as follows:
"21-5-1. This chapter shall be known as and may be cited as the 'Georgia Government Transparency and Campaign Finance Act.'"

SECTION 3. Said chapter is further amended by revising paragraph (22) of Code Section 21-5-3, relating to definitions, and by adding new paragraphs to read as follows:
"(16.2) 'Loan' means a thing that is borrowed, especially a sum of money that is expected to be paid back with interest to the lender." "(22) 'Public officer' means:
(A) The Governor, Lieutenant Governor, Secretary of State, Attorney General, Commissioner of Labor, Commissioner of Agriculture, Commissioner of Insurance, and State School Superintendent; (B) Every other elected state official not listed in subparagraph (A) of this paragraph; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board, commission, council, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official." "(25) 'Staff attorney' means a licensed member of the Georgia Bar Association that is employed by the Georgia Government Transparency and Campaign Finance Commission."

SECTION 4. Said chapter is further amended by revising Code Section 21-5-5, relating to operating expenses, as follows:
"21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the State Accounting Office."

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SECTION 5. Said chapter is further amended by revising paragraph (7) of subsection (a) and paragraphs (9), (10), and (23) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the commission, as follows:
"(7) Except as provided for in subsection (c) of Code Section 21-5-33, to adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' any rules and regulations necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any campaign contribution disclosure report or personal financial disclosure statement than is expressly required to be reported or disclosed by this chapter; and" "(9) To make investigations, subject to the limitations contained in Code Section 21-5-7.1, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, including a staff attorney employed by the commission, verified under oath to the best information, knowledge, and belief by the person or staff attorney making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7.1, of the merits of a written complaint by any person, including a staff attorney employed by the commission, who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person or staff attorney making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file, through a staff attorney employed by the commission, a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable

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grounds to believe that a violation has occurred, it shall not be necessary to give the
notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';" "(23) To award attorneys' fees to the party complained against if the commission deems the complaint to be frivolous, legally or factually; and"

SECTION 6. Said chapter is further amended by revising Code Section 21-5-7, relating to initiation of complaints, as follows:
"21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person, including a staff attorney employed by the commission, unless that person or staff attorney shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint."

SECTION 6A. Said chapter is further amended by adding a new Code section to read as follows:
"21-5-9.1. No person who has served or is serving as a member of the General Assembly shall be eligible to qualify to seek election or reelection to the General Assembly until and unless all fines and fees owing to the commission have been paid, all disclosure reports due have been filed, and all outstanding taxes have been paid."

SECTION 7. Said chapter is further amended by revising Code Section 21-5-13, relating to limitation of actions, as follows:
"21-5-13. (a) Any action alleging a violation of this chapter shall be commenced within three years after the date on which the violation, wrongful action, or omission occurred, unless otherwise provided by subsections (b) or (c) of this Code section. (b) Any action alleging a violation involving any person elected to serve for a term of four or more years, but fewer than six years, or involving any candidate for an office with a term of four, but fewer than six years, shall be commenced within five years after the date on which the violation, wrongful action, or omission occurred.

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(c) Any action alleging a violation of this chapter involving any person elected to serve a term of six or more years or involving any candidate for an office with a term of six or more years shall be commenced within seven years after the date on which the violation, wrongful act, or omission occurred. (d) For purposes of this Code section, an action shall be deemed to have commenced against a person only when either:
(1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or (2) The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that alleges that such person has violated this chapter."

SECTION 8. Said chapter is further amended by revising Code Section 21-5-32, relating to accounts to be kept by candidate or campaign committee treasurer, as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository account and of all interest earned on any such deposits. (b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (c) Records of such accounts:
(1) For a person or a campaign committee campaigning for an elective office with a term of less than four years, shall be preserved for three years from the date of the contribution, expenditure, gift, investment, or loan; (2) For a person or a campaign committee campaigning for an elective office with a term of four or more years, but fewer than six years, shall be preserved for five years from the date of the contribution, expenditure, gift, investment, or loan; (3) For a person or a campaign committee campaigning for an elective office with a term of six or more years, shall be preserved for seven years from the date of the contribution, expenditure, gift, investment, or loan; and (4) For any proposed constitutional amendment, referendum, or local issue or any recall vote, shall be preserved for three years from the date of contribution, expenditure, gift, investment, or loan."

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SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 21-5-33, relating to disposition of contributions, as follows:
"(b)(1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As donations to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations subject to the prohibitions contained in paragraph (2) of this subsection; (B) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee; (D) For use in future campaigns for only that elective office for which those contributions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions; (E) For repayment of any prior campaign obligations incurred as a candidate; or (F) For transfer without limitation to one or more political action committees. (2) Nothing in this Code section shall permit or authorize a candidate to utilize campaign funds for the purpose of making gifts, loans, or investments directly to: (A) The candidate; (B) A member of the candidate's family; (C) Any business in which the candidate or a member of the candidate's family has an ownership interest; (D) The candidate's trust or a trust of a member of the candidate's family; or (E) Any nonprofit organization of which the candidate or a member of the candidate's family is on the payroll or has a controlling interest. (3) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public

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officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (E) of paragraph (1) of this subsection."

SECTION 10. Said chapter is further amended by revising subsection (k) of Code Section 21-5-41, relating to maximum allowable contributions, as follows:
"(k) At the end of each gubernatorial election cycle, the contribution limitations in this Code section shall be raised or lowered in increments of $100.00 by order of the commission pursuant to a consideration by the commission of inflation or deflation during such cycle or four-year period, as determined by the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, and such limitations shall apply until next revised by the commission. The commission shall adopt rules and regulations for the implementation of this subsection."

SECTION 11. Said chapter is further amended by revising subsections (c) and (d) of Code Section 21-5-43, relating to accounting for and expenditure of campaign contributions, and by adding a new subsection to read as follows:
"(c) Contributions remaining unexpended after the date of an election in which the candidate does appear on the ballot may be expended for any future election in the same election cycle without regard to the limitations of Code Section 21-5-41. If there are no further elections in the election cycle or if the candidate or the candidate of the campaign committee is not on the ballot of a further election in the election cycle, any remaining contributions may be used only as provided in Code Section 21-5-33. (d) Contributions accepted and separately accounted for in an election in which the candidate does not appear on the ballot, if unexpended, shall be returned to the contributors thereof pro rata without interest. Any portion thereof which cannot be returned to the original contributor thereof shall be expended only as provided in Code Section 21-5-33. (e) For purposes of separate accounting, a candidate shall be deemed to have advanced to the next election in the election cycle upon the official certification of the election result by the Secretary of State, or upon the concession of the candidate's election opponents, or upon receiving a preliminary consolidated election return of 50 percent plus one for advancement to a general election, or upon receiving a preliminary consolidated election return of 50 percent or less for a runoff election and placing in one of the two spots that will advance to the runoff election, whichever event shall first occur. In the event that the official certification of the election result by the Secretary of State differs from or is in

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conflict with a preliminary consolidated election return for advancement to a general or runoff election, the official certification of the election result by the Secretary of State shall control for purposes of this Code section. (f) The commission shall adopt such rules and regulations as are necessary to carry out the purposes of this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 12. Said chapter is further amended by revising subsection (a) and paragraph (3) of subsection (c), adding a new paragraph to subsection (c), and revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows:
"(a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3, shall file with the commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than an election year a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests; provided, however, that if a public officer as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously filed a financial disclosure statement with the commission pursuant to paragraph (2) of subsection (a) of Code Section 21-5-50, and said financial disclosure statement covers the same calendar year as would be covered by the affidavit required by this Code section, the public officer shall be exempted from filing an affidavit. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together

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with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3.1) A public officer and candidates for election as a public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers and candidates for election as a public officer except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers and candidates for election as a public officer as defined in said subparagraph (F) and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in said subparagraph (G). The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report to the commission not later than 30 days after the close of the reporting period. No fine, fee, or sanction, including but not limited to identifying a public officer or candidate for election as a public officer as having filed late or failed to file, shall be imposed by the commission on the public officer or candidate for election as a public officer for the failure of the election superintendent, municipal clerk, or chief executive officer to timely transmit a copy of such report. (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member shall file by January 31 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to January 31 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The commission or the applicable official under paragraph (3.1) of this subsection shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (6) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in an election year if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for fewer than 15 days." "(3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the five calendar years prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.

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(3.1) The financial disclosure statement required by paragraph (1) of this subsection shall
include the source or sources of the candidate's income for the five calendar years prior to the year in which the election is held and the first quarter of the calendar year in which the election is held." "(g) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2 shall not be required to file personal financial disclosure statements under this Code section."

SECTION 13. Said chapter is further amended by revising subsection (c) of Code Section 21-5-71, relating to registration required, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows:
"(c) The lobbyist shall, prior to any substantial or material change or addition in their registration, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section."

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

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

Approved March 2, 2022.

GEORGIA LAWS 2022 SESSION

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CIVIL PRACTICE ATTORNEY GENERAL TO BE SERVED IN ALL ACTIONS CHALLENGING ACTS OF THE GENERAL ASSEMBLY.

No. 564 (House Bill No. 1361).

AN ACT

To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to clarify that the Attorney General is to be served and heard in defense of all Acts of the General Assembly when challenged in any court action, not just statutes; to provide for the Attorney General to be a party as a matter of right; 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising subsection (c) of Code Section 9-4-7, relating to when Attorney General served and heard, as follows:
"(c) If an Act of the General Assembly, a statute of the state, any order or regulation of any administrative body of the state, or any franchise granted by the state is alleged in an action for declaratory judgment or as a part of any other action to be unconstitutional or otherwise invalid, the Attorney General of the state shall be served with a copy of the proceeding and shall be entitled to be heard in defense of said Act, statute, order, regulation, or franchise, which may include appearing as a party as of right as he or she determines is appropriate."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all proceedings filed on and after such date.

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

Approved March 4, 2022.

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PUBLIC UTILITIES PUBLIC SERVICE COMMISSION; ELECTION DISTRICTS; MANNER OF ELECTION; TERMS OF OFFICE.

No. 565 (Senate Bill No. 472).

AN ACT

To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-1, relating to election of Public Service Commissioners and terms of office, as follows:
"46-2-1. (a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2022, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office shall continue to serve out their respective terms of office. As terms of office expire, new members elected to the commission shall be required to be residents of one of five Public Service Commission Districts as hereafter provided, but each member of the commission shall be elected state wide by the qualified voters of this state who are entitled to vote for members of the General Assembly. Except as otherwise provided in this Code section, the election shall be held under the same rules and regulations as apply to the election of Governor. The Commissioners, who shall give their entire time to the duties of their offices, shall be elected at the general election next preceding the expiration of the terms of office of the respective incumbents. Their terms of office shall be six years and shall expire on December 31. (b) In order to be elected as a member of the commission from a Public Service Commission District, a person shall have resided in that district for at least 12 months prior to election thereto. A person elected as a member of the commission from a Public Service Commission District by the voters of Georgia shall continue to reside in that district during the person's term of office, or that office shall thereupon become vacant.

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(c) For the purpose of electing the members of the Public Service Commission, this state shall be divided into five Public Service Commission Districts described as follows: District 001 Appling County Atkinson County Bacon County Baker County Baldwin County Ben Hill County Berrien County Bibb County Bleckley County Brantley County Brooks County Bryan County Calhoun County Camden County Charlton County Chattahoochee County Clay County Clinch County Coffee County Colquitt County Cook County Crawford County Crisp County Decatur County Dodge County Dooly County Dougherty County Early County Echols County Evans County Glynn County Grady County Harris County Houston County Irwin County Jeff Davis County Johnson County Jones County

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Lanier County Laurens County Lee County Liberty County Long County Lowndes County Macon County Marion County McIntosh County Miller County Mitchell County Monroe County Montgomery County Muscogee County Peach County Pierce County Pulaski County Quitman County Randolph County Schley County Seminole County Stewart County Sumter County Talbot County Tattnall County Taylor County Telfair County Terrell County Thomas County Tift County Toombs County Treutlen County Turner County Twiggs County Ware County Wayne County Webster County Wheeler County Wilcox County Wilkinson County Worth County

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District 002 Banks County Barrow County Bulloch County Burke County Butts County Candler County Chatham County Clarke County Columbia County Effingham County Elbert County Emanuel County Glascock County Greene County Hancock County Hart County Henry County Jackson County Jasper County Jefferson County Jenkins County Lincoln County Madison County McDuffie County Morgan County Newton County Oconee County Oglethorpe County Putnam County Richmond County Rockdale County Screven County Spalding County Taliaferro County Walton County Warren County Washington County Wilkes County

District 003

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Clayton County DeKalb County Fulton County

District 004 Cherokee County Dawson County Fannin County Forsyth County Franklin County Gilmer County Gwinnett County Habersham County Hall County Lumpkin County Murray County Pickens County Rabun County Stephens County Towns County Union County White County Whitfield County

District 005 Bartow County Carroll County Catoosa County ChattooCounty County Cobb County Coweta County Dade County Douglas County Fayette County Floyd County Gordon County Haralson County Heard County Lamar County Meriwether County Paulding County

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Pike County Polk County Troup County Upson County Walker County (d) The first members of the commission elected under this Code section shall be elected thereto on the Tuesday next following the first Monday in November, 2024, from Public Service Commission Districts 3 and 5, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years and until the election and qualification of their respective successors. Those members of the commission elected thereto on the Tuesday next following the first Monday in November, 2026, from Public Service Commission Districts 1 and 4 shall take office on the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. The member of the commission elected thereto on the Tuesday next following the first Monday in November, 2022, from Public Service Commission District 2 shall take office on the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her respective successor. All future successors to members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years."

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 4, 2022.

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REVENUE AND TAXATION MOTOR FUEL TAXES; EXEMPTS ALL SALES OF MOTOR FUEL BY DULY LICENSED DISTRIBUTORS.

No. 567 (House Bill No. 304).

AN ACT

To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise taxes on motor fuels, rate, taxation of motor fuels not commonly sold or measured by gallon, prohibition of tax on motor fuel by political subdivisions, exceptions, and exempted sales, so as to exempt all sales of motor fuel by duly licensed distributors; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise taxes on motor fuels, rate, taxation of motor fuels not commonly sold or measured by gallon, prohibition of tax on motor fuel by political subdivisions, exceptions, and exempted sales, is amended in subsection (b) by deleting "or" at the end of paragraph (10), by replacing the period at the end of paragraph (11) with "; or" and adding a new paragraph to read as follows:
"(12) For the period of time beginning on the effective date of this paragraph, and ending at the last moment of May 31, 2022, all sales of motor fuel."

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 18, 2022.

GEORGIA LAWS 2022 SESSION

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REVENUE AND TAXATION STATE INCOME TAXES; TAX CREDIT.

No. 582 (House Bill No. 1302).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a one-time tax credit for individual taxpayers who filed income tax returns for both the 2020 and 2021 taxable years; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section to read as follows:
"48-7-20.1. (a) As used in this Code section, the term 'qualified taxpayer' means an individual taxpayer who filed an individual income tax return for both the 2020 and 2021 taxable years by the due date for filing the income tax return for the 2021 taxable year, including any extensions which have been granted. Such term shall not include any:
(1) Nonresident alien individual; (2) Individual who was claimed as a dependent by another taxpayer for federal or Georgia income tax purposes for the 2020 taxable year; or (3) Estate or trust. (b)(1) Once a qualified taxpayer files an individual income tax return for tax year 2021, the department shall automatically credit such qualified taxpayer with a one-time refund amount equal to the lesser of:
(A) The qualified taxpayer's 2020 individual income tax liability as properly reported on Line 16 of the 2020 Georgia Form 500 or Line 4 of the 2020 Georgia Form 500EZ; or (B) An amount, which is based on such taxpayer's filing status for the 2020 taxable year, equal to:
(i) In the case of a single taxpayer or a married taxpayer filing a separate return, $250.00; (ii) In the case of a head of household, $375.00; or (iii) In the case of a married couple filing a joint return, $500.00. (2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any taxable nonresident or part-year resident whose tax was prorated as provided by Code Section 48-7-85, the amount of the refund credit determined pursuant to paragraph (1) of

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this subsection shall be prorated based on the ratio of income taxable to Georgia as properly reported on Schedule 3, Line 9 of the Georgia Form 500 for the 2020 taxable year. (3) In no event shall the department credit pursuant to this Code section any taxpayer with a refund greater than the taxpayer's individual income tax liability as properly reported on Line 16 of the 2020 Georgia Form 500 or Line 4 of the 2020 Georgia Form 500EZ. (c) The refunds and credits provided for in this Code section shall not constitute taxable income for Georgia individual income tax purposes. (d) Any refunds due under this Code section to a taxpayer shall be either electronically transmitted or sent by check to such taxpayer, based on the taxpayer's refund instructions, if any, as indicated on the taxpayer's tax year 2021 return, provided that such refund shall first be credited against any outstanding liability existing at the time the refund provided for in this Code section is to be issued. (e) In no event shall the amount of a refund or credit provided for in this Code section accrue interest for the benefit of the taxpayer or be paid or credited to the taxpayer with interest. (f) Any amount due to be refunded or credited to a taxpayer pursuant to this Code section shall be subject to the setoff debt collection provisions of Article 7 of this chapter. (g) The commissioner may promulgate any rules and regulations necessary to implement and administer 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 March 23, 2022.

GEORGIA LAWS 2022 SESSION

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EDUCATION BAN ON IMPOSITION OF FACE MASK REQUIREMENTS BY LOCAL SCHOOL SYSTEMS.

No. 586 (Senate Bill No. 514).

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 no local board of education, local school superintendent, or school administrator, teacher, or other school personnel shall make or enforce any rule that requires a student to wear a face mask or face covering while present on school property unless such rule provides that a parent or guardian of such student may elect for his or her child to be exempt from such rule; to provide that a parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status; to provide that no student shall suffer any adverse disciplinary or academic consequences as a result of such election; to prohibit certain waivers; to provide for a short title; to provide for a sunset date; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Unmask Georgia Students Act."

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 3, relating to local boards of education, by revising Code Section 20-2-59, relating to rules, as follows:
"20-2-59. (a) Except as provided in subsection (b) of this Code section, each local school superintendent and local board of education shall make rules to govern their respective local school systems.
(b)(1) No local board of education shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

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(2) No local school superintendent shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (c) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system."

SECTION 3. Said chapter is further amended in Part 3 of Article 16, relating to student health, by adding a new Code section to read as follows:
"20-2-779.2. (a) No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a local school system shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (b) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system."

SECTION 4. Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by adding a new Code section to read as follows:
"20-2-2077. (a) No governing body of a charter school established pursuant to this article or of a state chartered special school shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other

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property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (b) No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a charter school established pursuant to this article or a state chartered special school shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (c) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to this article or Article 31A of this chapter, a charter system, or schools within a charter system."

SECTION 5. Said chapter is further amended in Article 31A, relating to state charter schools, by adding a new Code section to read as follows:
"20-2-2094. (a) No governing body of a charter school established pursuant to this article shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (b) No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a charter school established pursuant to this article shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the charter school unless such rule provides that a parent or guardian of a child enrolled in such charter school may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any

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certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (c) This Code section shall not be subject to waivers pursuant to Code Section 20-2-2065 for a charter school established pursuant to this article."

SECTION 6. This Act shall stand repealed in its entirety on June 30, 2027.

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 March 29, 2022.

__________

COURTS EDUCATION HEALTH INSURANCE LAW ENFORCEMENT OFFICERS AND AGENCIES MENTAL HEALTH SOCIAL SERVICES GEORGIA MENTAL HEALTH PARITY ACT; IMPLEMENTS RECOMMENDATIONS OF GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION.

No. 587 (House Bill No. 1013).

AN ACT

To amend Titles 15, 20, 31, 33, 35, 37, 45, and 49 of the Official Code of Georgia Annotated, relating to courts, education, health, insurance, law enforcement officers and agencies, mental health, public officers and employees, and social services, respectively, so as to implement the recommendations of the Georgia Behavioral Health Reform and Innovation Commission; to provide for compliance with federal law regarding mental health parity; to provide for definitions; to provide for annual reports; to provide for annual data calls regarding mental health care parity by private insurers; to provide for information repositories; to require uniform reports from health insurers regarding nonquantitative treatment limitations; to provide for consumer complaints; to provide for same-day reimbursements; to provide for a short title; to provide for definitions and applicability of

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certain terms; to revise provisions relating to independent review panels; to provide for annual parity compliance reviews regarding mental health care parity by state health plans; to provide for medical loss ratios; to revise provisions relating to coverage of treatment of mental health or substance use disorders by individual and group accident and sickness policies or contracts; to define medical necessity for purposes of appeals by Medicaid members relating to mental health services and treatments; to provide for a state Medicaid plan amendment or waiver request if necessary; to provide that no existing contracts shall be impaired; to provide for service cancelable loans for mental health and substance use professionals; to provide for the establishment of a Behavioral Health Care Workforce Data Base by the Georgia Board of Health Care Workforce; to provide for a grant program to establish assisted outpatient treatment programs; to provide for definitions; to provide grant requirements; to provide for grant application and award; to provide for research and reporting; to provide for rules and regulations; to revise definitions relating to examination and treatment for persons who are mentally ill or who have addictive diseases; to authorize peace officers to take persons to emergency receiving facilities under certain circumstances; to provide for a grant program for accountability courts that serve the mental health and substance use disorder population; to provide for powers and duties of the Office of Health Strategy and Coordination; to provide for methods to increase access to certified peer specialists in rural and underserved or unserved communities; to provide for implementing certain federal requirements regarding the juvenile justice system; to provide for automatic repeal; to provide for funds from the County Drug Abuse Treatment and Education Fund for mental health divisions; to provide for training requirements for behavioral health co-responders; to provide for co-responder programs; to provide for continued exploration of strategies for individuals with mental illnesses; to authorize the Behavioral Health Reform and Innovation Commission to collaborate and provide advisement on certain programs, coordinate certain initiatives, and convene certain groups and advisory committees; to extend the sunset date for the Behavioral Health Reform and Innovation Commission; to provide for an annual unified report by the administrator of the Georgia Data Analytic Center relating to complaints filed for suspected violations of mental health parity laws; to provide coverage for medications for the treatment of certain disorders under Medicaid; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I Hospital and Short-Term Care Facilities
SECTION 1-1.

This part shall be known and may be cited as the "Georgia Mental Health Parity Act."

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SECTION 1-2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code section to Chapter 1, relating to general provisions of insurance, as follows:
"33-1-27. (a) As used in this Code section, the term:
(1) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (2) 'Generally accepted standards of mental health or substance use disorder care' means evidence based independent standards of care and clinical practice that are generally recognized by health care providers practicing in relevant clinical specialties such as psychiatry, psychology, clinical sociology, addiction medicine and counseling, and behavioral health treatment. Valid, evidence based sources reflecting generally accepted standards of mental health or substance use disorder care may include peer reviewed scientific studies and medical literature, consensus guidelines and recommendations of nonprofit health care provider professional associations and specialty societies, and nationally recognized clinical practice guidelines, including, but not limited to, patient placement criteria and clinical practice guidelines; guidelines or recommendations of federal government agencies; and drug labeling approved by the United States Food and Drug Administration. (3) 'Health care plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health maintenance organization or other managed care subscriber contract. (4) 'Health insurer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including those of an accident and sickness insurance company, a health maintenance organization, a health care plan, a managed care plan, or any other entity providing a health insurance plan, a health benefit plan, or a health care plan. (5) 'Medically necessary' means, with respect to the treatment of a mental health or substance use disorder, a service or product addressing the specific needs of that patient for the purpose of screening, preventing, diagnosing, managing or treating an illness, injury, condition, or its symptoms, including minimizing the progression of an illness, injury, condition, or its symptoms, in a manner that is:
(A) In accordance with the generally accepted standards of mental health or substance use disorder care; (B) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (C) Not primarily for the economic benefit of the insurer, purchaser, or for the convenience of the patient, treating physician, or other health care provider. (6) 'Mental health or substance use disorder' means a mental illness or addictive disease. (7) 'Mental illness' has the same meaning as in Code Section 37-1-1.

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(8) 'Nonquantitative treatment limitation' or 'NQTL' means limitations that are not expressed numerically, but otherwise limit the scope or duration of benefits for treatment. NQTLs include, but are not limited to, the following:
(A) Medical management standards limiting or excluding benefits based on whether the treatment is medically necessary or whether the treatment is experimental or investigative; (B) Formulary design for prescription drugs; (C) Standards for provider admission to participate in a network, including average time to obtain, verify, and assess the qualifications of a health practitioner for purposes of credentialing; (D) Criteria utilized for determining usual, customary, and reasonable charges for out-of-network services, including the threshold percentile utilized and any industry software or other billing, charges, and claims tools utilized; (E) Restrictions based on geographic location, facility type, provider specialty, and other criteria that limit the scope or duration of benefits for in-network and out-of-network services; (F) Standards for providing access to out-of-network providers; (G) Provider reimbursement rates, including rates of reimbursement for mental health or substance use services in primary care; and (H) Such other limitations as identified by the commissioner. (b) Every health insurer that provides coverage for mental health or substance use disorders as part of a health care plan shall provide coverage for the treatment of mental health or substance use disorders in accordance with the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26, and its implementing and related regulations in any such health care plan it offers and shall: (1) Provide such coverage for children, adolescents, and adults; (2) In addition to the requirements of Chapter 46 of this title, apply the definitions of 'generally accepted standards of mental health or substance use disorder care,' 'medically necessary,' and 'mental health or substance use disorder' contained in subsection (a) of this Code section in making any medical necessity, prior authorization, or utilization review determinations under such coverage; (3) Ensure that any subcontractor or affiliate responsible for management of mental health and substance use disorder care on behalf of the health insurer complies with the requirements of this Code section; and (4) No later than January 1, 2023, and annually thereafter, submit a report to the Commissioner that contains the designated comparative analyses and other information designated by the Commissioner for that reporting year for insurers under the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26(a)(8)(A) and which delineates the comparative analysis and written processes and strategies used to apply benefits for children, adolescents, and adults. No later than January 1, 2024, and annually thereafter, the Commissioner shall publish on the department's website in a

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prominent location the reports submitted to the Commissioner pursuant to this paragraph and a list of the designated NQTLs, comparative analyses, and other information required by the Commissioner to be reported in the upcoming reporting year. (c) The Commissioner shall:
(1)(A) Conduct an annual data call no later than May 15, 2023, and every May 15 thereafter, of health insurers to ensure compliance with mental health parity requirements, including, but not limited to, compliance with the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26. Such data calls shall include a focus on the use of nonquantitative treatment limitations. In the event that information collected from a data call indicates or suggests a potential violation of any mental health parity requirement by a health insurer, the department shall initiate a market conduct examination of such health insurer to determine whether such health insurer is in compliance with mental health parity requirements. All health insurers shall timely respond to and provide to the department any and all sufficient data requested by the department; and (B) Submit an annual report to the Governor, Lieutenant Governor, and Speaker of the House of Representatives no later than August 15, 2023, and every August 15 thereafter, regarding the data call conducted pursuant to this paragraph, including details regarding any market conduct examinations initiated by the department pursuant to any such data call; and (2) Include mental health parity compliance by health insurers in the examination conducted pursuant to Code Section 33-2-11 by the Commissioner. (d) No health insurer shall implement any prohibition on same-day reimbursement for a patient who sees a mental health provider and a primary care provider in the same day. (e) The Commissioner shall implement and maintain a streamlined process for accepting, evaluating, and responding to complaints from consumers and health care providers regarding suspected mental health parity violations. Such process shall be posted on the department's website in a prominent location and clearly distinguished from other types of complaints and shall include information on the rights of consumers under Article 2 of Chapter 20A of Title 33, the 'Patient's Right to Independent Review Act,' and other applicable law. To the extent practicable, the Commissioner shall undertake reasonable efforts to make culturally and linguistically sensitive materials available for consumers accessing the complaint process established pursuant to this subsection. (f) No later than January 1, 2023, the department shall create a repository for tracking, analyzing, and reporting information resulting from complaints received from consumers and health care providers regarding suspected mental health parity violations. Such repository shall include complaints, department reviews, mitigation efforts, and outcomes, among other criteria established by the department. (g) Beginning January 15, 2024, and no later than January 15 annually thereafter, the Commissioner shall submit a report to the administrator of the Georgia Data Analytic

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Center and the General Assembly with information regarding the previous year's complaints and all elements contained in the repository. (h) The Commissioner shall appoint a mental health parity officer within the department to ensure implementation of the requirements of this Code section.
(i)(1) If the Commissioner determines that a health insurer failed to submit a timely or sufficient report required under paragraph (4) of subsection (b) of this Code section or failed to submit timely and sufficient data pursuant to a data call conducted pursuant to paragraph (1) of subsection (c) of this Code section, the Commissioner may impose a monetary penalty of up to $2,000.00 for each and every act in violation, unless the insurer knew or reasonably should have known that he or she was in violation, in which case the monetary penalty may be increased to an amount of up to $5,000.00 for each and every act in violation. (2) If the Commissioner determines that an insurer failed to comply with any provision of this Code section, the Commissioner may take any action authorized, including, but not limited to, issuing an administrative order imposing monetary penalties, imposing a compliance plan, ordering the insurer to develop a compliance plan, or ordering the insurer to reprocess claims. (j) Nothing contained in this Code section shall abrogate the protections afforded by federal conscience and antidiscrimination laws as further delineated in 45 C.F.R. Part 88 in effect as of June 30, 2022, all of which shall apply to patients, health care providers, and purchasers of health care plans."

SECTION 1-3. Said title is further amended in Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act," by revising paragraphs (1), (7), and (8) and adding new paragraphs to read as follows:
"(1) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (1.1) 'Department' means the Department of Insurance." "(2.1) 'Generally accepted standards of mental health or substance use disorder care' means evidence based independent standards of care and clinical practice that are generally recognized by health care providers practicing in relevant clinical specialties such as psychiatry, psychology, clinical sociology, addiction medicine and counseling, and behavioral health treatment. Valid, evidence based sources reflecting generally accepted standards of mental health or substance use disorder care may include peer reviewed scientific studies and medical literature, consensus guidelines and recommendations of nonprofit health care provider professional associations and specialty societies, and nationally recognized clinical practice guidelines, including, but not limited to, patient placement criteria and clinical practice guidelines; guidelines or recommendations of federal government agencies; and drug labeling approved by the United States Food and Drug Administration."

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"(7) 'Medical necessity,' 'medically necessary care,' or 'medically necessary and appropriate' means:
(A) Except as otherwise provided in subparagraph (B) of this paragraph, care based upon generally accepted medical practices in light of conditions at the time of treatment which is:
(i) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollee's condition; (ii) Compatible with the standards of acceptable medical practice in the United States; (iii) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms; (iv) Not provided solely for the convenience of the eligible enrollee or the convenience of the health care provider or hospital; and (v) Not primarily custodial care, unless custodial care is a covered service or benefit under the eligible enrollee's evidence of coverage; or (B) With respect to the treatment of a mental health or substance use disorder, a service or product addressing the specific needs of that patient for the purpose of screening, preventing, diagnosing, managing or treating an illness, injury, condition, or its symptoms, including minimizing the progression of an illness, injury, condition, or its symptoms, in a manner that is: (i) In accordance with the generally accepted standards of mental health or substance use disorder care; (ii) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (iii) Not primarily for the economic benefit of the insurer, purchaser, or for the convenience of the patient, treating physician, or other health care provider. (7.1) 'Mental health or substance use disorder' means a mental illness or addictive disease. (7.2) 'Mental illness' has the same meaning as in Code Section 37-1-1. (8) 'Treatment' means a medical or mental health or substance use disorder service, diagnosis, procedure, therapy, drug, or device."

SECTION 1-4. Said title is further amended in Chapter 21A, relating to the "Medicaid Care Management Organizations Act," by adding two new Code sections to read as follows:
"33-21A-13. (a) As used in this Code section, the term:
(1) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (2) 'Generally accepted standards of mental health or substance use disorder care' means evidence based independent standards of care and clinical practice that are generally recognized by health care providers practicing in relevant clinical specialties such as psychiatry, psychology, clinical sociology, addiction medicine and counseling, and

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behavioral health treatment. Valid, evidence based sources reflecting generally accepted standards of mental health or substance use disorder care may include peer reviewed scientific studies and medical literature, consensus guidelines and recommendations of nonprofit health care provider professional associations and specialty societies, and nationally recognized clinical practice guidelines, including, but not limited to, patient placement criteria and clinical practice guidelines; guidelines or recommendations of federal government agencies; and drug labeling approved by the United States Food and Drug Administration. (3) 'Medically necessary' means, with respect to the treatment of a mental health or substance use disorder, a service or product addressing the specific needs of that patient for the purpose of screening, preventing, diagnosing, managing or treating an illness, injury, condition, or its symptoms, including minimizing the progression of an illness, injury, condition, or its symptoms, in a manner that is:
(A) In accordance with the generally accepted standards of mental health or substance use disorder care; (B) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (C) Not primarily for the economic benefit of the insurer, purchaser, or for the convenience of the patient, treating physician, or other health care provider. (4) 'Mental health or substance use disorder' means a mental illness or addictive disease. (5) 'Mental illness' has the same meaning as in Code Section 37-1-1. (6) 'Nonquantitative treatment limitation' or 'NQTL' means limitations that are not expressed numerically, but otherwise limit the scope or duration of benefits for treatment. NQTLs include, but are not limited to, the following: (A) Medical management standards limiting or excluding benefits based on whether the treatment is medically necessary or whether the treatment is experimental or investigative; (B) Formulary design for prescription drugs; (C) Standards for provider admission to participate in a network, including average time to obtain, verify, and assess the qualifications of a health practitioner for purposes of credentialing; (D) Criteria utilized for determining usual, customary, and reasonable charges for out-of-network services, including the threshold percentile utilized and any industry software or other billing, charges, and claims tools utilized; (E) Restrictions based on geographic location, facility type, provider specialty, and other criteria that limit the scope or duration of benefits for in-network and out-of-network services; (F) Standards for providing access to out-of-network providers; (G) Provider reimbursement rates, including rates of reimbursement for mental health or substance use services in primary care; provided, however, that any proprietary information collected shall not be subject to disclosure; and (H) Such other limitation identified by the commissioner.

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(7) 'State health care entity' means any entity that provides or arranges health care for a state health plan on a prepaid, capitated, or fee for service basis to enrollees or recipients of Medicaid or PeachCare for Kids, including any insurer, care management organization, administrative services organization, utilization management organization, or other entity. (8) 'State health plan' means any health care benefits provided pursuant to Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20, Subpart 3 of Part 6 of Article 17 of Chapter 2 of Title 20, Article 1 of Chapter 18 of Title 45, Article 7 of Chapter 4 of Title 49, or Article 13 of Chapter 5 of Title 49. (b) Every state health care entity shall provide coverage for the treatment of mental health or substance use disorders in accordance with the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26, and its implementing and related regulations, which shall be at least as extensive and provide at least the same degree of coverage as that provided by the entity for the treatment of other types of physical illnesses. Such coverage shall also cover the spouse and the dependents of the insured if such insured's spouse and dependents are covered under such benefit plan, policy, or contract. Such coverage shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided or paid for under the state health plan. Every such entity shall: (1) Provide such coverage for children, adolescents, and adults; (2) Apply the definitions of 'generally accepted standards of mental health or substance use disorder care,' 'medically necessary,' and 'mental health or substance use disorder' contained in subsection (a) of this Code section in making any medical necessity, prior authorization, or utilization review determinations under such coverage; (3) Ensure that any subcontractor or affiliate responsible for management of mental health and substance use disorder care on behalf of the state health care entity complies with the requirements of this Code section; (4) Process hospital claims for emergency health care services for mental health or substance use disorders in accordance with this Code section regardless of whether a member is treated in an emergency department; and (5) No later than January 1, 2023, and annually thereafter, submit a report to the commissioner of community health that contains the comparative analysis and other information required of insurers under the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26(a)(8)(A) and which delineates the comparative analysis and written processes and strategies used to apply benefits for children, adolescents, and adults. No later than January 1, 2024, and annually thereafter, the commissioner of community health shall publish on the Department of Community Health's website in a prominent location the reports submitted to the commissioner of community health pursuant to this paragraph. (c) The commissioner of community health shall annually:

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(1) Perform parity compliance reviews of all state health care entities to ensure compliance with mental health parity requirements, including, but not limited to, compliance with the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26. Such parity compliance reviews shall include a focus on the use of nonquantitative treatment limitations; and (2) Publish on the Department of Community Health's website in a prominent location a status report of the parity compliance reviews performed pursuant to this subsection, including the results of the reviews and any corrective actions taken. (d) No state health care entity shall implement any prohibition on same-day reimbursement for a patient who sees a mental health provider and a primary care provider in the same day. (e) The commissioner of community health shall establish a process for accepting, evaluating, and responding to complaints from consumers and health care providers regarding suspected mental health parity violations. Such process shall be posted on the Department of Community Health's website in a prominent location and shall include information on the rights of consumers under Article 2 of Chapter 20A of Title 33, the 'Patient's Right to Independent Review Act,' and rights of care management organizations under Code Section 49-4-153. To the extent practicable, the commissioner of community health shall undertake reasonable efforts to make culturally and linguistically sensitive materials available for consumers accessing the complaint process established pursuant to this subsection. (f) No later than July 1, 2023, the Department of Community Health shall create a repository for tracking, analyzing, and reporting information resulting from complaints received from consumers and health care providers regarding suspected mental health parity violations. Such repository shall include complaints, department reviews, mitigation efforts, and outcomes, among other criteria established by the department. (g) Beginning January 15, 2024, and no later than January 15 annually thereafter, the commissioner of community health shall submit a report to the administrator of the Georgia Data Analytic Center and the General Assembly with information regarding the previous year's complaints and all elements contained in the repository. (h) Nothing contained in this Code section shall abrogate the protections afforded by federal conscience and antidiscrimination laws as further delineated in 45 C.F.R. Part 88 in effect as of June 30, 2022, all of which shall apply to patients, health care providers, and purchasers or recipients of state health plans."

33-21A-14. (a) The intent of this Code section is to implement the state option in subdivision (j) of 42 C.F.R. Section 438.8. (b) As used in this Code section, the term 'medical loss ratio reporting year' or 'MLR reporting year' shall have the same meaning as that term is defined in 42 C.F.R. Section 438.8.

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(c) Beginning July 1, 2023, care management organizations shall comply with a minimum 85 percent medical loss ratio or such higher minimum percentage as may be set out in a contract between the department and a care management organization consistent with 42 C.F.R. Section 438.8. The ratio shall be calculated and reported for each MLR reporting year by each care management organization consistent with 42 C.F.R. Section 438.8.
(d)(1) Effective for contract rating periods beginning on and after July 1, 2023, each care management organization shall provide a remittance for an MLR reporting year if the ratio for that MLR reporting year does not meet the minimum MLR standard of 85 percent. The department shall determine the remittance amount on a plan-specific basis for each rating region of the plan and shall calculate the federal and nonfederal share amounts associated with each remittance. (2) After the department returns the requisite federal share amounts associated with any remittance funds collected in any applicable fiscal year to the federal Centers for Medicare and Medicaid Services, the remaining amounts remitted by care management organizations pursuant to this section shall be transferred to the general fund. (e) Except as otherwise required under this Code section, the requirements under this Code section shall not apply to a health care service plan under a subcontract with a care management organization to provide covered health care services to Medicaid and PeachCare for Kids members. (f) The department shall post on its website the following information: (1) The aggregate MLR of all care management organizations; (2) The MLR of each care management organization; and (3) Any required remittances owed by each care management organization. (g) The department shall seek any federal approvals it deems necessary to implement this Code section."

SECTION 1-5. Said title is further amended by revising Code Section 33-24-28.1, relating to coverage of treatment of mental disorders, as follows:
"33-24-28.1. (a) As used in this Code section, the term:
(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title; or (B) Any similar individual accident and sickness benefit plan, policy, or contract.
(2) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (3) 'Mental health or substance use disorder' means a mental illness or addictive disease. (4) 'Mental illness' has the same meaning as in Code Section 37-1-1. (b) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an

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optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for the treatment of mental health or substance use disorders for children, adolescents, and adults, which coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if such insured's spouse and dependents are covered under such benefit plan, policy, or contract. (c) The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (d) Nothing in this Code section shall be construed to prohibit an insurer, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. (f) In the event that an insurer under this Code section is also subject to Code Section 33-1-27 and the federal Mental Health Parity Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26, then such Code section and federal act shall take precedence to the extent of any conflicting requirements contained in this Code section."

SECTION 1-6. Said title is further amended by revising Code Section 33-24-29, relating to coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups, as follows:
"33-24-29. (a) As used in this Code section, the term:
(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title;

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(B) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (C) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (D) Any similar group accident and sickness benefit plan, policy, or contract. (2) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (3) 'Mental health or substance use disorder' means a mental illness or addictive disease. (4) 'Mental illness' has the same meaning as in Code Section 37-1-1. (b) This Code section shall apply only to accident and sickness insurance benefit plans, policies, or contracts, certificates evidencing coverage under a policy of insurance, or any other evidence of insurance issued by an insurer, delivered, or issued for delivery in this state, except for policies issued to an employer in another state which provide coverage for employees in this state who are employed by such employer policyholder, providing major medical benefits covering small groups as defined in subsection (a) of Code Section 33-30-12. (c) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for the treatment of mental health or substance use disorders for children, adolescents, and adults, which coverage shall be at least as extensive and provide at least the same degree of coverage and the same annual and lifetime dollar limits, but which may provide for different limits on the number of inpatient treatment days and outpatient treatment visits, as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (d)(1) The optional endorsement required to be made available under subsection (c) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract, except for any differing limits on inpatient treatment days and outpatient treatment visits as provided under subsection (c) of this Code section and as otherwise provided in paragraph (2) of this subsection. (2) The optional endorsement required to be made available under subsection (c) of this Code section may contain deductibles or coinsurance provisions which apply to the treatment of mental health or substance use disorders, and such deductibles or coinsurance provisions need not apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided,

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however, that if a separate deductible applies to the treatment of mental disorders, it shall not exceed the deductible for medical or surgical coverages. A separate out-of-pocket limit may be applied to the treatment of mental disorders, which limit, in the case of an indemnity type plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages and which, in the case of a health maintenance organization plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages or the amount of $2,000.00 in 1998 and as annually adjusted thereafter according to the Consumer Price Index for health care, whichever is greater. (e)(1) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (2) Nothing in this Code section shall be construed to prohibit any person issuing an accident and sickness insurance benefit plan, policy, or contract from providing the coverage required to be made available under subsection (c) of this Code section through an indemnity plan with or without designating preferred providers of services or from arranging for or providing services instead of indemnifying against the cost of such services, without regard to whether such method of providing coverage for treatment of mental health or substance use disorders applies generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (f) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (c) and (d) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or make available such coverage to any insured under such group or blanket plan, policy, or contract. (g) This Code section is neither enacted pursuant to nor intended to implement the provisions of any federal law. (h) In the event that an insurer under this Code section is also subject to Code Section 33-1-27 and the federal Mental Health Parity Addiction Equity Act of 2008, 42 U.S.C. Section 300gg-26, then such Code section and federal act shall take precedence to the extent of any conflicting requirements contained in this Code section."

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SECTION 1-7. Said title is further amended by revising Code Section 33-24-29.1, relating to coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering all groups except small groups, as follows:
"33-24-29.1. (a) As used in this Code section, the term:
(1) 'Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (B) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (C) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (D) Any similar group accident and sickness benefit plan, policy, or contract.
(2) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (3) 'Mental health or substance use disorder' means a mental illness or addictive disease. (4) 'Mental illness' has the same meaning as in Code Section 37-1-1. (b) This Code section shall apply only to accident and sickness insurance benefit plans, policies, or contracts, certificates evidencing coverage under a policy of insurance, or any other evidence of insurance issued by an insurer, delivered, or issued for delivery in this state, except for policies issued to an employer in another state which provide coverage for employees in this state who are employed by such employer policyholder, providing major medical benefits covering all groups except small groups as defined in subsection (a) of Code Section 33-30-12. (c) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for the treatment of mental health or substance use disorders for children, adolescents, and adults, which coverage shall be at least as extensive and provide at least the same degree of coverage and the same annual and lifetime dollar limits as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (d)(1) The optional endorsement required to be made available under subsection (c) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, including without limitation limits on the number of inpatient treatment days and outpatient treatment visits, which apply to the treatment of mental health or substance use disorders unless such provisions apply generally to other similar benefits provided

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or paid for under the accident and sickness insurance benefit plan, policy, or contract, except as otherwise provided in paragraph (2) of this subsection. (2) The optional endorsement required to be made available under subsection (c) of this Code section may contain deductibles or coinsurance provisions which apply to the treatment of mental health or substance use disorders. (e)(1) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (2) Nothing in this Code section shall be construed to prohibit any person issuing an accident and sickness insurance benefit plan, policy, or contract from providing the coverage required to be made available under subsection (c) of this Code section through an indemnity plan with or without designating preferred providers of services or from arranging for or providing services instead of indemnifying against the cost of such services, without regard to whether such method of providing coverage for treatment of mental health or substance use disorders applies generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (f) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (c) and (d) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or make available such coverage to any insured under such group or blanket plan, policy, or contract."

SECTION 1-8. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, judicial review, and contested cases involving imposition of remedial or punitive measure against a nursing facility, is amended by revising paragraph (1) of subsection (b) as follows:
"(b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Community Health as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request

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for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. With respect to appeals regarding whether a treatment for a mental health or substance abuse disorder is medically necessary, the administrative law judge shall make such determination using the definitions provided in Code Section 33-21A-13. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioner's designated representative, has 30 days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner."

SECTION 1-9. If necessary to implement any of the provisions of this part relating to the Medicaid program, the Department of Community Health shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services.

SECTION 1-10. Nothing in this part shall be construed to impair any contracts in effect on June 30, 2022.

PART II Workforce and System Development
SECTION 2-1.

Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, is amended by revising subsection (b) as follows:
"(b) State funds appropriated for service cancelable loans shall be used by the authority to the greatest extent possible for the purposes designated in this subpart in accordance with the following:

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(1) Paramedical and other medical related professional and educational fields of study.
(A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology, geriatrics, and primary care medicine. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph unless the area of specialization is psychiatry or primary care medicine. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either:
(i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student; (2) Georgia National Guard members. (A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519.

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Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. (B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits that have not been transferred to dependents. (C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students. (D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued. (E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon. (F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard. (G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;

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(3) Mental health or substance use professionals. (A) The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in educational programs, training programs, or courses of study for mental health or substance use professionals. Loans made under this paragraph need not be limited to students attending programs or schools located within the State of Georgia; provided, however, that priority shall be given to: (i) Programs and schools with an emphasis and history of providing care to underserved youth; and (ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health. (B) Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (C) As used in this paragraph, the term 'mental health or substance use professional' means a psychiatrist, psychologist, professional counselor, social worker, marriage and family therapist, clinical nurse specialist in psychiatric/mental health, or other licensed mental or behavioral health clinician or specialist; and
(4) Critical shortage fields. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of Georgia. Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:
(A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. The authority is authorized to place other conditions and limitations on loans made under this paragraph as it may deem necessary to fill the void that has created the critical shortage in the field."

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SECTION 2-2. Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board of Health Care Workforce, is amended by adding a new Code section to read as follows:
"49-10-5. (a) As used in this Code section, the term:
(1) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (2) 'Behavioral health care provider' means any health care provider regulated by a licensing board who primarily provides treatment or diagnosis of mental health or substance use disorders. (3) 'Licensing board' means:
(A) Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; (B) Georgia Board of Nursing; (C) Georgia Composite Medical Board; (D) State Board of Examiners of Psychologists; and (E) State Board of Pharmacy. (4) 'Mental health or substance use disorder' means a mental illness or addictive disease. (5) 'Mental illness' has the same meaning as in Code Section 37-1-1. (b) The board shall create and maintain the Behavioral Health Care Workforce Data Base for the purposes of collecting and analyzing minimum data set surveys for behavioral health care professionals. To facilitate such data base, the board shall: (1) Enter into agreements with entities to create, house, and provide information to the Governor, the General Assembly, state agencies, and the public regarding the state's behavioral health care work force; (2) Seek federal or other sources of funding necessary to support the creation and maintenance of a Behavioral Health Care Workforce Data Base, including any necessary staffing; (3) Create and maintain an online dashboard accessible on the board's website to provide access to the Behavioral Health Care Workforce Data Base; and (4) Establish a minimum data set survey to be utilized by licensing boards to collect demographic and other data from behavioral health care providers which are licensed by such boards. (c) Licensing boards shall be authorized to and shall require that each applicant and licensee complete the minimum data set survey established by the board pursuant to this Code section at the time of application for licensure or renewal of such applicant or licensee to his or her licensing board. Licensing boards shall provide the board with the results of such minimum data set surveys in accordance with rules and regulations established by the board regarding the manner, form, and content for the reporting of such data sets.

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(d) To the extent allowed by law, the minimum data set established by the board shall include, but shall not be limited to:
(1) Demographics, including race, ethnicity, and primary and other languages spoken; (2) Practice status, including, but not limited to:
(A) Active practices in Georgia and other locations; (B) Practice type and age range of individuals served; and (C) Practice settings, such as a hospital; clinic; school; in-home services, including telehealth services; or other clinical setting; (3) Education, training, and primary and secondary specialties; (4) Average hours worked per week and average number of weeks worked per year in the licensed profession; (5) Percentage of practice engaged in direct patient care and in other activities, such as teaching, research, and administration in the licensed profession; (6) Year of expected retirement, as applicable, within the next five years; (7) Whether the applicant or licensee has specialized training in treating children and adolescents, and if so, the proportion of his or her practice that comprises the treatment of children and adolescents; (8) Whether the applicant or licensee is or will be accepting new patients and the location or locations new patients are being or will be accepted; (9) Types of insurance accepted and whether the provider accepts Medicaid and Medicare; and (10) Other data determined by the board."

PART III Involuntary Commitment
SECTION 3-1.

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in Chapter 1, relating to the governing and regulation of mental health, by adding a new article to read as follows:

"ARTICLE 7

37-1-120. As used in this article, the term:
(1) 'Addictive disease' has the same meaning as in Code Section 37-1-1. (2) 'Assisted outpatient treatment' means involuntary outpatient care, pursuant to Article 3 of Chapter 3 of this title, provided in the context of a formalized, systematic effort led by a community service board or private provider in collaboration with other community partners, endeavoring to:

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(A) Identify residents of the community service board's or private provider's service area who qualify as outpatients pursuant to Code Section 37-3-1; (B) Establish procedures such that upon the identification of an individual believed to be an outpatient, a petition seeking involuntary outpatient care for the individual is filed in the probate court of the appropriate county; (C) Provide evidence based treatment, rehabilitation, and case management services under an individualized service plan to each patient receiving involuntary outpatient care, focused on helping the patient maintain stability and safety in the community; (D) Safeguard, at all stages of proceedings, the due process rights of respondents alleged to require involuntary outpatient care and patients who have been ordered to undergo involuntary outpatient care; (E) Establish routine communications between the probate court and providers of treatment and case management such that for each patient receiving involuntary outpatient care, the court receives the clinical information it needs to exercise its authority appropriately and providers can leverage all available resources in motivating the patient to engage with treatment; (F) Continually evaluate the appropriateness of each patient's individualized service plan throughout the period of involuntary outpatient care, and adjust the plan as warranted; (G) Employ specific protocols to respond appropriately and lawfully in the event of a failure of or noncompliance with involuntary outpatient care; (H) Partner with law enforcement agencies to provide an alternative to arrest, incarceration, and prosecution for individuals suspected or accused of criminal conduct who appear to qualify as outpatients pursuant to Code Section 37-3-1; (I) Clinically evaluate each patient receiving involuntary outpatient care at the end of the treatment period to determine whether it is appropriate to seek an additional period of involuntary outpatient care or assist the patient in transitioning to voluntary care; and (J) Ensure that upon transitioning to voluntary outpatient care at an appropriate juncture, each patient remains connected to the treatment services he or she continues to need to maintain stability and safety in the community. (3) 'Mental health or substance use disorder' means a mental illness or addictive disease. (4) 'Mental illness' has the same meaning as in Code Section 37-1-1.

37-1-121. The department shall establish and operate a grant program for the purpose of fostering the implementation and practice of assisted outpatient treatment in this state. The grant program shall aim to provide three years of funding, technical support, and oversight to five grantees, each comprising a collaboration between a community service board or private provider, a probate court or courts with jurisdiction in the corresponding service area, and a sheriff's office or offices with jurisdiction in the corresponding service area, which have demonstrated the ability with grant assistance to practice assisted outpatient treatment.

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Subject to appropriations, the funding, technical support, and oversight pursuant to the grant program shall commence no later than January 1, 2023, and shall terminate on December 31, 2025, or subject to the department's annual review of each grantee, whichever event shall first occur.

37-1-122. (a) No later than October 1, 2022, the department shall issue a funding opportunity announcement inviting any community service board or private provider, in partnership with a court or courts holding jurisdiction over probate matters in the corresponding service area, to submit a written application for funding pursuant to the assisted outpatient treatment grant program. (b) The department shall develop and disclose in the funding opportunity announcement:
(1) A numerical scoring rubric to evaluate applications, which shall include a minimum score an application must receive to be potentially eligible for funding; (2) A formula for determining the amount of funding for which a grantee shall be eligible, based on the size of the population to be served, consideration of existing resources, or both; (3) A minimum percentage of a grant award that must be directed, and a maximum percentage of a grant award that may be directed, for purposes of enhancing the community based mental health services and supports provided to recipients of assisted outpatient treatment; and (4) A minimum percentage of the total program budget that must be independently sourced by the applicant. (c) The funding opportunity announcement shall require each application to include, in addition to any other information the department may choose to require: (1) A detailed three-year program budget, including identification of the source or sources of the applicant's independent budget contribution; (2) A plan to identify and serve a population composed of persons meeting the following criteria, including the number of patients anticipated to participate in the program over the course of each year of grant support:
(A) The person is 18 years of age or older; (B) The person is suffering from a mental health or substance use disorder which has been clinically documented by a health care provider licensed to practice in Georgia; (C) There has been a clinical determination by a physician or psychologist that the person is unlikely to survive safely in the community without supervision; (D) The person has a history of lack of compliance with treatment for his or her mental health or substance use disorder, in that at least one of the following is true:
(i) The person's mental health or substance use disorder has, at least twice within the previous 36 months, been a substantial factor in necessitating hospitalization or the receipt of services in a forensic or other mental health unit of a correctional facility,

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not including any period during which such person was hospitalized or incarcerated immediately preceding the filing of the petition; or (ii) The person's mental health or substance use disorder has resulted in one or more acts of serious and violent behavior toward himself or herself or others or threatens or attempts to cause serious physical injury to himself or herself or others within the preceding 48 months, not including any period in which such person was hospitalized or incarcerated immediately preceding the filing of the petition; (E) The person has been offered an opportunity to participate in a treatment plan by the department, a state mental health facility, a community service board, or a private provider under contract with the department and such person continues to fail to engage in treatment; (F) The person's condition is substantially deteriorating; (G) Participation in the assisted outpatient treatment program would be the least restrictive placement necessary to ensure such person's recovery and stability; (H) In view of the person's treatment history and current behavior, such person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would likely result in grave disability or serious harm to himself or herself or others; and (I) It is likely that the person may benefit from assisted outpatient treatment. (3) For each element of assisted outpatient treatment, a statement of how the applicant proposes to incorporate such element into its own practice of assisted outpatient treatment; (4) A commitment by the applicant that it shall honor the provisions of any legally enforceable psychiatric advance directive of any person receiving involuntary outpatient treatment; (5) A description of the evidence based treatment services and case management model or models that the applicant proposes to utilize; (6) A description of any dedicated staff positions the applicant proposes to establish; (7) A letter of support from the sheriff of any county where the applicant proposes to provide assisted outpatient treatment; (8) A flowchart representing the proposed assisted outpatient treatment process, from initial case referral to transition to voluntary care; and (9) A description of the applicant's plans to establish a stakeholder workgroup, consisting of representatives of each of the agencies, entities, and communities deemed essential to the functioning of the assisted outpatient treatment program, for purposes of internal oversight and program improvement. (d) The department shall not provide direct assistance or direct guidance to any potential applicant in developing the content of an application. Any questions directed to the department from potential applicants concerning the grant application process or interpretation of the funding opportunity announcement may only be entertained at a live webinar announced in advance in the funding opportunity announcement and open to all

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potential applicants, or may be submitted in writing and answered on a webpage disclosed in the funding opportunity announcement and freely accessible to any potential applicant. (e) No later than December 31, 2022, the department shall publicly announce awards for funding support, subject to annual review, to the five applicants whose applications received the highest scores under the scoring rubric, provided that:
(1) The department shall seek to ensure, to the extent practical and consistent with other objectives, that at least three of the regions designated pursuant to Code Section 37-2-3 are represented among the five grantees. In pursuit of this goal, the department may in its discretion award a grant to a lower-scoring applicant over a higher-scoring applicant or may resolve a tie score in favor of an applicant that would increase regional diversity among the grantees; and (2) In no case shall a grant be awarded to an applicant whose application has failed to attain the minimum required score as stated in the funding opportunity announcement. This requirement shall take precedence in the event that it comes into conflict with the requirement that a total of five grants be awarded.

37-1-123. Throughout the term of the assisted outpatient treatment grant program, the department shall contract on an annual basis with an organization, entity, or consultant possessing expertise in the practice of assisted outpatient treatment to serve as a technical assistance provider to the grantees. Prior to the conclusion of each of the first two years of the assisted outpatient treatment grant program, the department, in consultation with the grantees, shall review the performance of the technical assistance provider and determine whether it is appropriate to seek to contract with the same technical assistance provider for the following year.

37-1-124. (a) Prior to the commencement of funding under the assisted outpatient grant program, the department shall contract with an independent organization, entity, or consultant possessing expertise in the evaluation of community based mental health programs and policy to evaluate:
(1) The effectiveness of the assisted outpatient grant program in reducing hospitalization and criminal justice interactions among vulnerable individuals with mental health or substance use disorders; (2) The cost-effectiveness of the assisted outpatient grant program, including its impact on spending within the public mental health system on the treatment of individuals receiving assisted outpatient treatment and spending within the criminal justice system on the arrest, incarceration, and prosecution of such individuals; (3) Differences in implementation of the assisted outpatient treatment model among the grantees and the impact of such differences on program outcomes;

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(4) The impact of the assisted outpatient grant program on the mental health system at large, including any unintended impacts; and (5) The perceptions of assisted outpatient treatment and its effectiveness among participating individuals, family members of participating individuals, mental health providers and program staff, and participating probate court judges. (b) As a condition for participation in the grant program, the department shall require each grantee to agree to share such program information and data with the contracted research organization, entity, or consultant as the department may require, and to make reasonable accommodations for such organization, entity, or consultant to have access to the grant site and individuals. The department shall further ensure that the contracted research organization, entity, or consultant is able to perform its functions consistent with all state and federal restrictions on the privacy of personal health information. (c) In contracting with the research organization, entity, or consultant, the department shall require such organization, entity, or consultant to submit a final report on the effectiveness of the assisted outpatient grant program to the Governor, the chairpersons of the House Committee on Health and Human Services and the Senate Health and Human Services Committee, and the Office of Health Strategy and Coordination no later than December 31, 2025. The department may also require the organization, entity, or consultant to report interim or provisional findings to the department at earlier dates.

37-1-125. The department shall adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the grant program provided for in this article."

SECTION 3-2. Said title is further amended in Code Section 37-3-1, relating to definitions relative to examination and treatment for mental illness, by revising paragraph (12.1) as follows:
"(12.1) 'Outpatient' means a person who is mentally ill and: (A) Who is capable of surviving safely in the community with available resources or supervision from family, friends, or others; (B) Who, based on their psychiatric condition or history, is in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness to self or others; and (C) Whose current mental status or the nature of their illness limits or negates their ability to make an informed decision to seek voluntarily or to comply with recommended treatment."

SECTION 3-3. Said title is further amended in Code Section 37-3-42, relating to emergency admission of persons arrested for penal offenses, report by officer, and entry of report into clinical record, by revising subsection (a) as follows:

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"(a)(1) A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-3-41, or directly to an emergency receiving facility if (i) the person is committing a penal offense, and (ii) the peace officer has probable cause for believing that the person is a mentally ill person requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record. (2) A peace officer may take any person to an emergency receiving facility if: (i) the peace officer has probable cause to believe that the person is a mentally ill person requiring involuntary treatment; and (ii) the peace officer has consulted either in-person or via telephone or telehealth with a physician, as provided in Code Section 37-3-41, and the physician authorizes the peace officer to transport the individual for an evaluation. To authorize transport for evaluation, the physician shall determine, based on facts available regarding the person's condition, including the report of the peace officer and the physician's communications with the person or witnesses, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment. The peace officer shall execute a written report detailing the circumstances under which the person detained; and this report shall be made a part of the patient's clinical record."

SECTION 3-4. Said title is further amended by revising Code Section 37-3-101, relating to transportation of patients generally, as follows:
"37-3-101. (a) The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patient's residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son.

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(b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patient's residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with the requirements of Code Section 37-3-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility. (c) Notwithstanding subsections (a) or (b) of this Code section, for initial transports to an emergency receiving facility initiated by a peace officer pursuant to Code Section 37-3-42, the emergency receiving facility shall coordinate all subsequent transports with the law enforcement agency employing such peace officer or a qualified private nonemergency transport provider or ambulance service."

SECTION 3-5. Said title is further amended in Code Section 37-7-1, relating to definitions relative to hospitalization and treatment of alcoholics, drug dependent individuals, and drug abusers, by revising paragraph (15.1) as follows:
"(15.1) 'Outpatient' means a person who is an alcoholic, drug dependent individual, or drug abuser and:
(A) Who is capable of surviving safely in the community with available resources or supervision from family, friends, or others; (B) Who, based on their mental condition or behavioral history, is in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness to self or others; and (C) Whose current mental status or the nature of their addictive disease limits or negates their ability to make an informed decision to seek voluntarily or to comply with recommended treatment."

SECTION 3-6. Said title is further amended in Code Section 37-7-42, relating to emergency admission of persons arrested for penal offenses, report by officer, and entry of report into clinical record, by revising subsection (a) as follows:

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"(a)(1) A peace officer may take any person to a physician within the county or an adjoining county for emergency examination by the physician, as provided in Code Section 37-7-41, or directly to an emergency receiving facility if the person is committing a penal offense and the peace officer has probable cause for believing that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The peace officer need not formally tender charges against the individual prior to taking the individual to a physician or an emergency receiving facility under this Code section. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody; and this report shall be made a part of the patient's clinical record. (2) A peace officer may take any person to an emergency receiving facility if: (i) the peace officer has probable cause to believe that the person is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment; and (ii) the peace officer has consulted either in-person or via telephone or telehealth with a physician, as provided in Code Section 37-7-41, and the physician authorizes the peace officer to transport the individual for an evaluation. To authorize transport for evaluation, the physician shall determine, based on facts available regarding the person's condition, including the report of the peace officer and the physician's communications with the person or witnesses, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment. The peace officer shall execute a written report detailing the circumstances under which the person detained; and this report shall be made a part of the patient's clinical record."

SECTION 3-7. Said title is further amended by revising Code Section 37-7-101, relating to transportation of patients generally, as follows:
"37-7-101. (a) The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of the patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patient's residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. In nonemergency situations, no female patient shall be transported at any time without another

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female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patient's residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patient's residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with Code Section 37-7-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility. (c) Notwithstanding subsections (a) or (b) of this Code section, for initial transports to an emergency receiving facility initiated by a peace officer pursuant to Code Section 37-7-42, the emergency receiving facility shall coordinate all subsequent transports with the law enforcement agency employing such peace officer or a qualified private nonemergency transport provider or ambulance service."

PART IV Mental Health Courts and Corrections
SECTION 4-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to Chapter 1, relating to general provisions, to read as follows:
"15-1-23. (a) As used in this Code section, the term 'accountability court' has the same meaning as in Code Section 15-1-18. (b) Subject to appropriations, the Criminal Justice Coordinating Council shall establish a grant program for the provision of funds to accountability courts that serve the mental health and co-occurring substance use disorder population to facilitate the implementation of trauma-informed treatment. (c) The Criminal Justice Coordinating Council shall designate an employee to provide technical assistance to accountability courts. Such technical assistance shall include, but not be limited to, assistance interpreting data analysis reports to better identify and serve the mental health population."

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SECTION 4-2. Said title is further amended by revising subsection (b) of Code Section 15-21-101, relating to collection of fines and authorized expenditures of funds from County Drug Abuse Treatment and Education Fund, as follows:
"(b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances, alcohol, and marijuana for adults and children; (2) If a drug court division has been established in the county under Code Section 15-1-15, for purposes of the drug court division; (3) If an operating under the influence court division has been established in the county under Code Section 15-1-19, for the purposes of the operating under the influence court division; (4) If a family treatment court division has been established in the county under Code Section 15-11-70, for the purposes of the family treatment court division; and (5) If a mental health court division has been established in the county under Code Section 15-1-16 that also serves participants with co-occurring substance use disorders, for the purposes of the mental health court division."

SECTION 4-3. Article 1 of Chapter 53 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding the Office of Health Strategy and Coordination, is amended by revising Code Section 31-53-3, relating to the establishment of the office and its powers and duties, as follows:
"31-53-3. (a) There is established within the office of the Governor the Office of Health Strategy and Coordination. The objective of the office shall be to strengthen and support the health care infrastructure of the state through interconnecting health functions and sharing resources across multiple state agencies and overcoming barriers to the coordination of health functions, including overseeing coordination of mental health policy and behavioral health services across state agencies. To this end, all affected state agencies shall cooperate with the office in its efforts to meet such objective. This shall not be construed to authorize the office to perform any function currently performed by an affected state agency. (b) The office shall have the following powers and duties:
(1) Bring together experts from academic institutions and industries as well as state elected and appointed leaders to provide a forum to share information, coordinate the major functions of the state's health care system, and develop innovative approaches for lowering costs while improving access to quality care;

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(2) Serve as a forum for identifying Georgia's specific health issues of greatest concern and promote cooperation from both public and private agencies to test new and innovative ideas; (3) Evaluate the effectiveness of previously enacted and ongoing health programs and determine how best to achieve the goals of promoting innovation, competition, cost reduction, and access to care, and improving Georgia's health care system, attracting new providers, and expanding access to services by existing providers; (4) Facilitate collaboration and coordination between state agencies, including, but not limited to, the Department of Public Health, the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, the Department of Economic Development, the Department of Transportation, the Department of Education, the Department of Early Care and Learning, the Department of Juvenile Justice, the Department of Corrections, and the Department of Community Supervision; (5) Evaluate prescription costs and make recommendations to public employee insurance programs, departments, and governmental entities for prescription formulary design and cost reduction strategies and create a comprehensive unified formulary for mental health and substance use disorder prescriptions under Medicaid and PeachCare for Kids, and a comprehensive unified formulary for mental health and substance use disorder prescriptions for the state health benefit plan no later than December 1, 2022; (6) Maximize the effectiveness of existing resources, expertise, and opportunities for improvement; (7) Review existing State Health Benefit Plan contracts, Medicaid care management organization contracts, and other contracts entered into by the state for health related services, evaluate proposed revisions to the State Health Benefit Plan, and make recommendations to the Department of Community Health prior to renewing or entering into new contracts; (8) Coordinate state health care functions and programs and identify opportunities to maximize federal funds for health care programs; (9) Oversee collaborative health efforts to ensure efficient use of funds secured at the federal, state, regional, and local levels; (10) Evaluate community proposals that identify local needs and formulate local or regional solutions that address state, local, or regional health care gaps; (11) Monitor established agency pilot programs for effectiveness; (12) Identify nationally recognized effective evidence based strategies; (13) Propose cost reduction measures; (14) Provide a platform for data distribution compiled by the boards, commissions, committees, councils, and offices listed in Code Section 31-53-7; (15) Assess the health metrics of the state and recommend models for improvement which may include healthy behavior and social determinant models;

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(16) Develop solutions to the systemic barriers or problems impeding the delivery of behavioral health services by making recommendations that address funding, policy changes, practice changes; establish specific goals designed to improve the delivery of behavioral health services, increase behavioral health access and outcome for individuals, including children, adolescents, and adults served by various state agencies; (17) Focus on specific goals designed to resolve issues relative to the provision of behavioral health services that negatively impact individuals, including children, adolescents, and adults served by various state agencies; (18) Monitor and evaluate the implementation of established goals and recommendations to improve behavioral health access across prevention, intervention, and treatment; (19) Establish common outcome measures that are to be utilized for and represented in evaluation and progress of various state agencies that manage and oversee mental health services; (20) Partner with the Department of Corrections and the Department of Juvenile Justice to provide ongoing evaluation of mental health wraparound services and connectivity to local mental health resources to meet the needs of clients in the state reentry plan; (21) Partner with the Department of Community Supervision to evaluate the ability to share mental health data between state and local agencies, such as community service boards and the Department of Community Supervision, to assist state and local agencies in identifying and treating those under community supervision who are also receiving community based mental health services; (22) Partner with community service boards to ensure that behavioral health services are made available and provided to children, adolescents, and adults through direct services, contracted services, or collaboration with state agencies, nonprofit organizations, and colleges and universities, as appropriate, utilizing any available state and federal funds or grants; and (23) Centralizing the ongoing and comprehensive planning, policy, and strategy development across state agencies, Medicaid care management organizations and fee for service providers, and private insurance partners. (c)(1) The office shall examine methods to increase access to certified peer specialists in rural and other underserved or unserved communities and identify any impediments to such access. Such examination shall include strategies to expand training for certified peer specialists to promote long-term recovery for individuals with substance use disorder. (2) The office shall examine the option of fully implementing certain requirements under the federal SUPPORT for Patients and Communities Act, P.L. 115-271, regarding youth in the juvenile justice system to allow for successful transition to community services upon release. (d)(1) The office shall conduct a survey or study on the transport of individuals to and from emergency receiving, evaluation, and treatment facilities pursuant to Chapters 3 and 7 of Title 37. Such survey or study shall identify what method of transport is used

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in each county of the state, such as the sheriff, a law enforcement agency, a private nonemergency transport provider, or an ambulance service. Such survey or study shall be completed, compiled into a report, and provided to the General Assembly and the Governor no later than January 1, 2023. (2) This subsection shall stand repealed by operation of law on January 1, 2023."

SECTION 4-4. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-5-2, relating to board authorized to establish, operate, and maintain center and powers of board as to selection and compensation of administrator, by revising paragraph (1) of subsection (a) as follows:
"(1) To establish, operate, and maintain the Georgia Public Safety Training Center for the purpose of providing facilities and programs for the training of state and local law enforcement officers, firefighters, correctional personnel, emergency medical personnel, behavioral health co-responders, and others; and"

SECTION 4-5. Said title is further amended in Code Section 35-5-5, relating to center available for use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers and duties, by revising subsection (d) as follows:
"(d) Subject to such rules and regulations as shall be prescribed by the board, the Georgia Public Safety Training Center shall have the following powers and duties in connection with the training of peace officers, emergency medical personnel, behavioral health co-responders, and law enforcement support personnel:
(1) To train instructors authorized to conduct training of peace officers, emergency medical personnel, behavioral health co-responders, and law enforcement support personnel; (2) To reimburse or provide for certain costs incurred in training peace officers, emergency medical personnel, behavioral health co-responders, and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms 'cost' and 'costs' shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals, and lodging which are incurred in connection with such training; (3) To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds

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for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20; (4) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1; (5) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under Chapter 11 of Title 31 for the initial certification training and continued training as needed by emergency medical personnel and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said chapter; and (6) To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The tuition costs of the training of communications officers shall be paid from funds appropriated to the center."

SECTION 4-6. Said title is further amended by adding a new Code section to Chapter 6A, relating to the Criminal Justice Coordinating Council, to read as follows:
"35-6A-15. Subject to appropriations, the Criminal Justice Coordinating Council shall establish a grant program for the provision of funds to units of local government to be used for costs associated with transporting individuals to and from emergency receiving, evaluating, and treatment facilities as such terms are defined in Chapters 3 and 7 of Title 37."

SECTION 4-7. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to Chapter 1, relating to governing and regulation of mental health, to read as follows:
"37-1-7. The state shall provide funding for a minimum of five new co-responder programs established pursuant to Title 37. Each such program shall have a minimum of one co-responder team."

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SECTION 4-8. Said title is further amended by adding a new Code section to Article 6 of Chapter 1, relating to the Behavioral Health Reform and Innovation Commission, to read as follows:
"37-1-115.1. The Mental Health Courts and Corrections Subcommittee of the Georgia Behavioral Health Reform and Innovation Commission shall continue its exploration of community supervision strategies for individuals with mental illnesses, including:
(1) Exploring opportunities to expand access to mental health specialized caseloads to reach a larger share of the supervision population with mental health needs, including prioritizing equitable access to specialized caseloads; (2) Assessing the quality of mental health supervision and adherence to evidence based standards to determine how mental health supervision could be improved and identifying services, supports, and training that could equip law enforcement officers to more successfully engage with and reduce recidivism for individuals on community supervision; (3) Assessing the availability of mental health treatment providers by supervision region to estimate accessability to treatment across the state; and (4) Tracking qualitative and quantitative metrics on the outcomes of any changes made to community supervision strategies for individuals with mental illness to determine the effectiveness of such strategies."

SECTION 4-9. Said title is further amended by revising Code Section 37-2-4, relating to the Behavioral Health Coordinating Council, membership, meetings, and obligations, as follows:
"37-2-4. (a) There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of early care and learning; the commissioner of community health; the commissioner of public health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of community supervision; the commissioner of community affairs; the commissioner of the Technical College System of Georgia; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; a behavioral health expert employed by the University System of Georgia, designated by the chancellor of the university system; two members, appointed by the Governor; the ombudsman appointed pursuant to Code Section 37-2-32; the Child Advocate for the Protection of Children; an expert on early childhood mental health, appointed by the Governor; an expert on child and adolescent health, appointed by the Governor; a pediatrician, appointed by the Governor; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor;

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a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The commissioner of behavioral health and developmental disabilities shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council from among its members as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written or electronic notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council, and minutes or transcripts of each meeting shall be posted on the state agency website of each council member designee. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. Any member who misses three duly posted meetings of the council over the course of a calendar year shall be replaced by an appointee of the Governor unless the council chairperson officially excuses each such absence. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall:
(1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations in writing and publicly available that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve delivery of behavioral health services, increase access to behavioral health services, and improve outcome for individuals, including children, adolescents, and adults, served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals, including children, adolescents, and adults, serviced by the various departments; (3) Monitor and evaluate the implementation of established goals and recommendations; and (4) Establish common outcome measures that are to be utilized for and represented in the annual report to the council.

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(f)(1) The council shall consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports no later than October 1 of its recommendations and evaluation of its implementation and any recommendations for funding to the Office of Health Strategy and Coordination, the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor. (2) The recommendations developed by the council and the annual reports of the council shall be presented to the board of each member department for approval or review at least annually at a publicly scheduled meeting. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-1-1."

PART V Child and Adolescent Behavioral Health
SECTION 5-1.

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-1-20, relating to obligations of the Department of Behavioral Health and Developmental Disabilities, as follows:
"37-1-20. The department shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care and treatment; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same

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patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (5) Have authority to contract, including performance based contracts which may include financial incentives or consequences based on the results achieved by a contractor as measured by output, quality, or outcome measures, for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services and choice of providers for consumers and to comply with the applicable federal laws and rules and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (6) Establish and support programs for the training of professional and technical personnel as well as regional advisory councils and community service boards; (7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (8) Assign specific responsibility to one or more units of the department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (9) Establish a system for local administration of mental health, developmental disability, and addictive disease services in institutions and in the community; (10) Make and administer budget allocations to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (13) Disseminate information about available services and the facilities through which such services may be obtained; (14) Supervise the local office's exercise of its responsibility concerning funding and delivery of disability services;

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(15) Supervise the local offices concerning the administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (16) Supervise the administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the department and the local offices; (17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the department; (18) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department. As used in this Code section, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; (19) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements; (20) Supervise the regular visitation of disability services facilities and programs in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; (21) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected. No later than October 1, 2023, and annually thereafter, such unit shall provide

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to the Office of Health Strategy and Coordination annual reports regarding such complaints; (22) With respect to housing opportunities for persons with mental illness and co-occurring disorders:
(A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; (E) Identify and determine best practices for the provision of services connected to housing; and (F) No later than October 1, 2023, and annually thereafter, provide to the Office of Health Strategy and Coordination an annual status report regarding successful housing placements and unmet housing needs for the previous year and anticipated housing needs for the upcoming year; (23) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; (24) Assign specific responsibility to one or more units of the department for the development of programs designed to serve disabled infants, children, and youth. To the extent permitted by law, such units shall cooperate with the Georgia Department of Education, the University System of Georgia, the Technical College System of Georgia, the Department of Juvenile Justice, the Department of Early Care and Learning, the Department of Public Health, and community service boards in developing such programs. No later than October 1, 2023, and annually thereafter, such department shall provide to the Office of Health Strategy and Coordination annual reports regarding such programs; (25) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (26) Establish policies and procedures governing fiscal standards and practices of community service boards and their respective governing boards and no later than October 1, 2023, and annually thereafter, provide to the Office of Health Strategy and Coordination annual reports regarding the performance and fiscal status of each community service board; (27) Coordinate the establishment and operation of a data base and network to serve as a comprehensive management information system for behavioral health, addictive diseases, and disability services and programs; and

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(28) Establish the Multi-Agency Treatment for Children (MATCH) team within the department. The state MATCH team shall be composed of representatives from the Division of Family and Children Services of the Department of Human Services; the Department of Juvenile Justice; the Department of Early Care and Learning; the Department of Public Health; the Department of Community Health; the department; the Department of Education; the Office of the Child Advocate, and the Department of Corrections. The chairperson of the Behavioral Health Coordinating Council or his or her designee shall serve as the chairperson of the state MATCH team. The state MATCH team shall facilitate collaboration across state agencies to explore resources and solutions for complex and unmet treatment needs for children in this state and to provide for solutions, including both public and private providers, as necessary. The state MATCH team will accept referrals from local interagency children's committees throughout Georgia for children with complex treatment needs not met through the resources of their local community and custodians. The state agencies and entities represented on the state MATCH team shall coordinate with each other and take all reasonable steps necessary to provide for collaboration and coordination to facilitate the purpose of the state MATCH team."

SECTION 5-2. Said title is further amended by revising subsection (a) of Code Section 37-2-6, relating to community service board creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, bylaws, and reprisals prohibited, as follows:
"(a) Community service boards in existence on June 30, 2014, are re-created effective July 1, 2014, to provide mental health, developmental disabilities, and addictive diseases services to children and adults. Such community service boards may enroll and contract with the department, the Department of Human Services, the Department of Public Health, or the Department of Community Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services for children and adults. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, that the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained."

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SECTION 5-3. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Article 7 of Chapter 4, relating to medical assistance generally, by revising subsection (b) of Code Section 49-5-24, relating to interagency efforts to gather and share comprehensive data, legislative findings, state-wide system for sharing data regarding care and protection of children, interagency data protocol; interagency agreements, and waivers from certain federal regulations, as follows:
"(b) No later than October 1, 2024, the department, working with the following agencies, shall develop and implement a workable state-wide system for sharing data relating to the care and protection of children between such agencies, utilizing existing state-wide data bases and data delivery systems to the greatest extent possible, to streamline access to such data:
(1) Division of Family and Children Services of the department; (2) Department of Early Care and Learning; (3) Department of Community Health; (4) Department of Public Health; (5) Department of Behavioral Health and Developmental Disabilities; (6) Department of Juvenile Justice; (7) Department of Education; and (8) Georgia Crime Information Center. Each such agency shall provide information in written or electronic format as may be requested by the department."

PART VI Behavioral Health Reform and Innovation Commission
SECTION 6-1.

Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding new Code sections to read as follows:
"31-2-17. (a) The department shall undertake a study of the following:
(1) Comparison of reimbursement rates for mental health services under Medicaid, PeachCare for Kids, and the state health benefit plan with other states; (2) Reimbursement for health care providers providing mental health care services under Medicaid, PeachCare for Kids, and the state health benefit plan and comparison with other states; (3) Reimbursement for hospitals caring for uninsured patients with mental health and substance abuse disorders in the emergency department for extended periods of time while the patient is waiting on placement and transfer to a behavioral health facility for evaluation and treatment;

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(4) An accurate accounting of mental health fund distribution across state agencies, including, but not limited to, the department, the Department of Behavioral Health and Developmental Disabilities, the Department of Human Services, and the Department of Juvenile Justice; (5) Medical necessity denials for adolescent mental and behavioral health services; and (6) Implementation of coordinated health care for any child who enters foster care such that Medicaid claims data shall be shared immediately with the Division of Family and Children Services of the Department of Human Services. (b) The department shall complete such study and submit its findings and recommendations to the Governor, General Assembly, the Office of Health Strategy and Coordination, and the Behavioral Health Reform and Innovation Commission no later than December 31, 2022. (c) This Code section shall stand repealed in its entirety by operation of law on December 31, 2022."

SECTION 6-2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to Article 6 of Chapter 1, relating to the Behavioral Health Reform and Innovation Commission, to read as follows:
"37-1-114.1. The commission shall be authorized to:
(1) Collaborate with the Department of Behavioral Health and Developmental Disabilities regarding the assisted outpatient treatment program to develop fidelity protocols for grantees and a training and education program for use by the grantees to train and educate staff, community partners, and others; and provide consultation to the Department of Behavioral Health and Developmental Disabilities in the selection of an organization, entity, or consultant to perform research pursuant to Code Section 37-1-126 and in the development of rules and regulations pursuant to Code Section 37-1-127; (2) Coordinate initiatives to assist local communities in keeping people with serious mental illness out of county and municipal jails and detention facilities, including juvenile detention and, facilitated by nationally recognized experts, to improve outcomes for individuals who have frequent contact with criminal justice, homeless, and behavioral health systems, termed 'familiar faces,' including, but not limited to:
(A) Serving as liaison to state and local leaders to inform policy and funding priorities; (B) Developing a shared definition of 'serious mental illness' in consultation with relevant mental health, judicial, and law enforcement officials and experts; (C) Exploring funding options to implement universal screening upon admission into a county or municipal jail or detention facility; (D) Developing proposed state guidelines, tools, and templates to facilitate sharing of information among state and local entities compliant with state and federal privacy laws;

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(E) Adopting recommendations to promote the use of pre-arrest diversion strategies that reduce revocations and reduce unnecessary contact with the justice system; (F) Developing a shared definition for 'high utilization' in consultation with relevant behavioral health and criminal justice experts; (G) Implementing improvements to data sharing across and between local and state agencies; (H) Improving strategies to refer and connect individuals to needed community based health and social services, including addressing gaps in continuity of care; (I) Expanding the use of and support for forensic peer monitors; and (J) Analyzing best practices to address and ameliorate the increase in chronic homelessness among persons with behavioral health and substance abuse disorder, particularly the challenges of unsheltered homelessness, and formulating recommendations for policies and funding to address such issues, considering the best practices of other states and the permissible use of all available funding sources; (3) Convene representatives from care management organizations, pediatric primary care physicians, family medicine physicians, pediatric hospitals, pharmacy benefits managers, other insurers, experts on early childhood mental health, and pediatric mental health and substance use disorder care professionals to examine: (A) How to develop and implement a mechanism for Georgia's managed care program for children, youth, and young adults in foster care, children and youth receiving adoption assistance, and select youth involved in the juvenile justice system to meet the mental and behavioral health needs of such children, youth, and young adults; (B) How to develop and implement a mechanism to provide adoptive caregivers with the support necessary to meet the mental and behavioral health needs of children and adolescents for the first 12 months after finalization of adoption; (C) Best practices, potential cost savings, decreased administrative burdens, increased transparency regarding prescription drug costs, and impact on turnover on the mental health and substance use disorder professionals workforce; and (D) Best practices for community mental health and substance use disorder services reimbursement, including payment structures and rates that cover the cost of service provision for outpatient care, high-fidelity wraparound services, and therapeutic foster care homes, within the bounds of federal regulatory guidance; and (4) Establish advisory committees to evaluate specific issues, including: (A) Identifying methods to create pathways of care, including physical, behavioral, and dental health care, for children and adolescents, regardless of an individual's specific insurance carrier or insurance coverage; and (B) Developing and recommending a solution to ensure appropriate health care services and supports, including better care coordination, for pediatric patients residing in this state who have mental health or substance use disorders and who have had high utilization of emergency departments, crisis services, or psychiatric residential treatment facilities, for the purpose of streamlining care, improving outcomes, reducing

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return visits to emergency departments, and assisting case managers and clinicians in providing safe treatment while reducing fragmentation."

SECTION 6-3. Said title is further amended by revising Code Section 37-1-116, relating to abolishment and
termination of the Behavioral Health Reform and Innovation Commission, as follows: "37-1-116. The commission shall be abolished and this article shall stand repealed on June 30, 2025."

SECTION 6-4. Part 3 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia Data Analytic Center, is amended by adding a new Code section to read as follows:
"45-12-154.1. The administrator of the GDAC Project shall prepare an annual unified report regarding complaints filed for suspected violations of mental health parity laws. Such annual unified report shall comprise data received from the Department of Insurance pursuant to subsection (g) of Code Section 33-1-27 and data received from the Department of Community Health pursuant to subsection (g) of Code Section 33-21A-13. Such annual unified report shall be completed and made publicly available beginning April 1, 2024, and annually thereafter."

SECTION 6-5. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Article 7 of Chapter 4, relating to medical assistance generally, by adding a new Code section to read as follows:
"49-4-152.6. (a) The department shall provide Medicaid coverage for any prescription drug prescribed to an adult patient and determined by a duly licensed practitioner in this state to be medically necessary for the treatment and prevention of mood disorders with psychotic symptoms, including, but not limited to, bipolar disorders, schizophrenia and schizotypal, or delusion disorders if:
(1) During the preceding year, the patient was prescribed and unsuccessfully treated with a preferred or generic drug; or (2) The patient has previously been prescribed and obtained prior approval for the nonpreferred prescribed drug. (b) If necessary to implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services."

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PART VII Repealer SECTION 7-1.

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

Approved April 4, 2022.

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GENERAL PROVISIONS GEORGIA PUBLIC SAFETY WEEK.

No. 588 (House Bill No. 1335).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to revise the public and legal holidays recognized and observed by the State of Georgia; to provide for Public Safety Week; 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 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by revising subsections (a) and (b) of Code Section 1-4-1, relating to public and legal holidays and leave for observance of religious holidays not specifically provided for, as follows:
"(a) The State of Georgia shall recognize and observe as public and legal holidays: (1) All days which have been designated as of January 1, 2022, as public and legal holidays by the federal government; and (2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other religious observance. In such designation, the Governor shall include at least one of the following dates: January 19, April 26, or June 3, or a suitable date in lieu thereof to commemorate the event or events now observed by such dates.
(b) The Governor shall close all state offices and facilities a minimum of 13 days throughout the year and not more than 13 days in observance of the public and legal holidays and other days set forth in subsection (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances."

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SECTION 2.
Said chapter is further amended by adding a new Code section to read as follows: "1-4-25. The week in September during which September 11 falls every year is designated 'Public Safety Week' in Georgia."

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 4, 2022.

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CONSERVATION AND NATURAL RESOURCES CRIMES AND OFFENSES GAME AND FISH MOTOR VEHICLES AND TRAFFIC REVISES
PROVISIONS REGARDING USE OR POSSESSION OF HANDGUN IN PARK, HISTORIC SITE, OR RECREATIONAL AREA; REVISES PROVISIONS REGARDING CARRYING OF FIREARMS AND APPLICATION FOR WEAPONS CARRY LICENSE.

No. 596 (Senate Bill No. 319).

AN ACT

To amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding parks, historic areas, memorials, and recreation, so as to revise provisions of law regarding the use or possession of any handgun in a park, historic site, or recreational area; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide a definition; to revise provisions of law regarding the carrying of firearms; to provide for applications for a weapons carry license or renewal of such license; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to revise provisions of law regarding the carrying of firearms; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise certain laws regarding the carrying of firearms; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to revise certain laws regarding the

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carrying of firearms; to provide for a short title; to provide for legislative findings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Chairman John Meadows Act."

SECTION 2. The General Assembly finds and determines that:
(1) The Second Amendment to the United States Constitution recognizes the right of the people to keep and bear arms and that such right shall not be infringed; and (2) The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided that the right of the people to keep and bear arms shall not be infringed but that the General Assembly shall have power to prescribe the manner in which arms may be borne.

SECTION 3. Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding parks, historic areas, memorials, and recreation, is amended in Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, by revising subsection (o) as follows:
"(o)(1) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative. (2) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any weapon or long gun unless such person is a lawful weapons carrier. As used in this paragraph, the terms 'weapon,' 'long gun,' and 'lawful weapons carrier' shall have the same meanings as provided for in Code Section 16-11-125.1. (3) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative."

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SECTION 4. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by revising Code Section 16-11-125.1, relating to definitions, as follows:
"16-11-125.1. As used in this part, the term:
(1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter. (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than 12 inches in length which is fastened to a handle. (2.1) 'Lawful weapons carrier' means any person who is licensed or eligible for a license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state. (3) 'License holder' means a person who holds a valid weapons carry license. (4) 'Long gun' means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
(A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; provided, however, that the term 'long gun' shall not include a gun which discharges a single shot of 0.46 centimeter or less in diameter. (5) 'Weapon' means a knife or handgun. (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section 16-11-129."

SECTION 5. Said part is further amended by revising Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions for homes, motor vehicles, private property, and other locations and conditions, as follows:
"16-11-126. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business.

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(b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun. (c) Any person who is a lawful weapons carrier may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135.
(d)(1) Any person licensed to carry a weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state; provided, however, that:
(A) Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and (B) No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age. (2) The Attorney General shall create and maintain on the Department of Law's website a list of states whose laws recognize and give effect to a license issued pursuant to this part. (e)(1) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a weapon or long gun while hunting, fishing, or engaging in sport shooting. (2) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is otherwise engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by this state may have or carry on his or her person a knife while engaging in such hunting, fishing, or sport shooting. (f) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any lawful weapons carrier may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-3-10, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law. (g)(1) Except as otherwise provided in subsections (a) through (f) of this Code section, no person shall carry a weapon unless he or she is a lawful weapons carrier. (2) A person commits the offense of unlawful carrying of a weapon when he or she violates the provisions of paragraph (1) of this subsection. (h) Upon conviction of the offense of unlawful carrying of a weapon, a person shall be punished as follows:

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(1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second 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, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (i) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."

SECTION 6. Said part is further amended by revising Code Section 16-11-127, relating to carrying weapons in unauthorized locations, as follows:
"16-11-127. (a) As used in this Code section, the term:
(1) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (2) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (3) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (4) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, or place of worship that has been designated by such government entity, courthouse, jail, prison, or place of worship for the parking of motor vehicles at a government building or at such courthouse, jail, prison, or place of worship. (b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building without being a lawful weapons carrier; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship, unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by persons who are lawful weapons carriers;

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(5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413. (c) Any lawful weapons carrier shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or prohibited by subsection (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to exclude or eject a person who is in possession of a weapon or long gun on his or her private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided that such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a lawful weapons carrier who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a lawful weapons carrier which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. (e)(1) A lawful weapons carrier shall be authorized to carry a weapon in a government building when the government building is open for business and where ingress into such building is not restricted or screened by security personnel. A lawful weapons carrier who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor if at least one member of such security personnel is certified as a peace officer pursuant to Chapter 8 of Title 35; provided, however, that a lawful weapons carrier who immediately

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exits such building or immediately leaves such location upon notification of his or her failure to clear security due to the carrying of a weapon shall not be guilty of violating this subsection or paragraph (1) of subsection (b) of this Code section. A person who is not a lawful weapons carrier and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. (2) Any lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall not be arrested but shall be fined not more than $100.00. Any person who is not a lawful weapons carrier who violates subsection (b) of this Code section in a place of worship shall be punished as for a misdemeanor. (f) Nothing in this Code section shall in any way operate or be construed to affect, repeal, or limit the exemptions provided for under Code Section 16-11-130."

SECTION 7. Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, by revising paragraph (2) of subsection (b) and paragraphs (7), (8), and (20) of subsection (c) as follows:
"(2) Except as provided for in paragraph (20) of subsection (c) of this Code section, any lawful weapons carrier who violates this subsection shall be guilty of a misdemeanor. Any person who is not a lawful weapons carrier who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both." "(7) A lawful weapons carrier when such person carries or picks up a student within a school safety zone, at a school function, or on a bus or other transportation furnished by a school or a lawful weapons carrier when he or she has any weapon legally kept within a vehicle when such vehicle is parked within a school safety zone or is in transit through a designated school safety zone; (8) A weapon possessed by a lawful weapons carrier which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student within a school safety zone, at a school function, or on a bus or other transportation furnished by a school, or when such vehicle is used to transport someone to an activity being conducted within a school safety zone which has been authorized by a duly authorized official or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending a public or private elementary or secondary school;"
"(20)(A) Any lawful weapons carrier when he or she is in any building or on real property owned by or leased to any public technical school, vocational school, college, or university, or other public institution of postsecondary education; provided, however, that such exception shall:

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(i) Not apply to buildings or property used for athletic sporting events or student housing, including, but not limited to, fraternity and sorority houses; (ii) Not apply to any preschool or childcare space located within such buildings or real property; (iii) Not apply to any room or space being used for classes related to a college and career academy or other specialized school as provided for under Code Section 20-4-37; (iv) Not apply to any room or space being used for classes in which high school students are enrolled through a dual enrollment program, including, but not limited to, classes related to the 'Dual Enrollment Act' as provided for under Code Section 20-2-161.3; (v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary proceedings are conducted; and (vi) Only apply to the carrying of handguns which are concealed. (B) Any lawful weapons carrier who carries a handgun in a manner or in a building, property, room, or space in violation of this paragraph shall be guilty of a misdemeanor; provided, however, that for a conviction of a first offense, such lawful weapons carrier shall be punished by a fine of $25.00 and not be sentenced to serve any term of confinement. (C) As used in this paragraph, the term: (i) 'Concealed' means carried in such a fashion that does not actively solicit the attention of others and is not prominently, openly, and intentionally displayed except for purposes of defense of self or others. Such term shall include, but not be limited to, carrying on one's person while such handgun is substantially, but not necessarily completely, covered by an article of clothing which is worn by such person, carrying within a bag of a nondescript nature which is being carried about by such person, or carrying in any other fashion as to not be clearly discernible by the passive observation of others. (ii) 'Preschool or childcare space' means any room or continuous collection of rooms or any enclosed outdoor facilities which are separated from other spaces by an electronic mechanism or human-staffed point of controlled access and designated for the provision of preschool or childcare services, including, but not limited to, preschool or childcare services licensed or regulated under Article 1 of Chapter 1A of Title 20."

SECTION 8. Said part is further amended in Code Section 16-11-129, relating to weapons carry license, gun safety information, temporary renewal permit, mandamus, and verification of license, by revising paragraphs (2) and (3) of subsection (a) and subparagraph (b)(2)(H) as follows:
"(2)(A) As used in this paragraph, the term 'service member' means an active duty member of the regular or reserve component of the United States Army, United States

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Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States National Guard, Georgia Army National Guard, or Georgia Air National Guard. (B) Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license.
(C)(i) An application shall be considered to be for a renewal license if the applicant has a weapons carry license or renewal license with 90 or fewer days remaining before the expiration of such weapons carry license or renewal license or 30 or fewer days since the expiration of such weapons carry license or renewal license regardless of the county of issuance of the applicant's expired or expiring weapons carry license or renewal license. (ii) An application of any service member whose weapons carry license or renewal license expired while such service member was serving on active duty outside this state shall be considered to be for a renewal license if such service member applies within six months from the date of his or her discharge from active duty or reassignment to a location within this state as provided for in a copy of such service member's official military orders or a written verification signed by such service member's commanding officer as provided by the service member. (iii) An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant, such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within this state at no cost." "(H) Any person who has been convicted of carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application;"

SECTION 9. Said part is further amended in Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-127.2, by revising paragraph (11) of subsection (a) as follows:

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"(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-25 to handle animals trained to detect explosives, while in the performance of their duties;"

SECTION 10. Said part is further amended in Code Section 16-11-135, relating to public or private employer's parking lots, right of privacy in vehicles in employer's parking lot or invited guests on lot, severability, and rights of action, by revising subsection (b) as follows:
"(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm or ammunition, or both, that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any such prospective employee is a lawful weapons carrier."

SECTION 11. Said part is further amended by revising Code Section 16-11-137, relating to required possession of weapons carry license or proof of exemption when carrying a weapon and detention for investigation of carrying permit, as follows:
"16-11-137. A person carrying a weapon shall not be subject to detention for the sole purpose of investigating whether such person has a weapons carry license, whether such person is exempt from having a weapons carry license pursuant to Code Section 16-11-130 or subsection (c) of Code Section 16-11-127.1, or whether such person is a lawful weapons carrier as defined in Code Section 16-11-125.1."

SECTION 12. Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, is amended in Code Section 16-12-123, relating to bus or rail vehicle hijacking, boarding with concealed weapon, and company use of reasonable security measures, by revising subsection (b) as follows:
"(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such terms are defined in Code Section 16-7-80; weapon or long gun as such terms are defined in Code Section 16-11-125.1 if such person is not a lawful weapons carrier as defined in Code Section 16-11-125.1; hazardous substance as defined by Code Section 12-8-92; or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The

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prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item."

SECTION 13. Said part is further amended in Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, penalty, and affirmative defenses, by revising subsection (a) as follows:
"(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as such terms are defined in Code Section 16-7-80; weapon or long gun if such person is not a lawful weapons carrier as such terms are defined in Code Section 16-11-125.1; hazardous substance as defined by Code Section 12-8-92; or other device designed or modified for the purpose of offense and defense, to:
(1) Have any such item on or about his or her person; or (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
(A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle."

SECTION 14. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, by revising paragraphs (1) and (2) as follows:
"(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person is a lawful weapons carrier as defined in Code Section 16-11-125.1; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for

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that area unless such person is a lawful weapons carrier as defined in Code Section 16-11-125.1;"

SECTION 15. Said title is further amended by revising Code Section 27-3-6, relating to possession of firearm while hunting with bow and arrow, as follows:
"27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer or to possess a loaded handgun while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during primitive weapons season for deer unless such person is a lawful weapons carrier as defined in Code Section 16-11-125.1."

SECTION 16. Said title is further amended in Code Section 27-4-11.1, relating to possession of firearms and intoxication on public fishing areas, fishing in closed fishing areas, and other restrictions in public fishing areas, by revising paragraphs (1) and (2) of subsection (a) as follows:
"(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person is a lawful weapons carrier as defined in Code Section 16-11-125.1; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person is a lawful weapons carrier as defined in Code Section 16-11-125.1; or"

SECTION 17. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, is amended in Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, by revising paragraph (4) of subsection (b) as follows:
"(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who is a lawful weapons carrier as defined in Code Section 16-11-125.1 shall not be in violation of this paragraph; or"

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SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12, 2022.

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CRIMES AND OFFENSES CARRYING OF WEAPONS RECIPROCITY.

No. 597 (House Bill No. 218).

AN ACT

To amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions for homes, motor vehicles, private property, and other locations and conditions, so as to expand weapons carry license reciprocity in this state; to provide that persons who are not residents of this state shall be authorized to carry a weapon in this state if licensed to carry in any other state; to provide that the Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to weapons carry licenses for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions for homes, motor vehicles, private property, and other locations and conditions, is amended by revising subsection (e) as follows:
"(e)(1)(A) Any person licensed to carry a weapon in any other state shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that:
(i) Such licensee licensed to carry a weapon in any other state shall carry the weapon in compliance with the laws of this state; and (ii) No other state shall be required to recognize and give effect to a license issued pursuant to this part that is held by a person who is younger than 21 years of age.

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(B)(i) The Attorney General shall create and maintain on the Department of Law's website a list of states whose laws recognize and give effect to a license issued pursuant to this part. (ii) The Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to a license issued pursuant to this part. (2) Any person who is not a weapons carry license holder in this state and who is licensed to carry a weapon in any other state shall be authorized to carry a weapon in this state for 90 days after he or she becomes a resident of this state; provided, however, that such person shall carry the weapon in compliance with the laws of this state, shall as soon as practicable submit a weapons carry license application as provided for under Code Section 16-11-129, and shall remain licensed in such other state for the duration of time that he or she is a resident of this state but not a weapons carry license holder in this state."

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

Approved April 12, 2022.

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NUISANCES LIMITS CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS MAY BE SUED FOR NUISANCE.
No. 598 (House Bill No. 1150).
AN ACT
To amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to provide for legislative intent; to provide for and remove definitions; to limit the circumstances under which agricultural facilities and operations may be sued for a nuisance; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Freedom to Farm Act."

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SECTION 2. Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, is amended as follows:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products, including without limitation forest products. When nonagricultural land uses extend into agricultural or agriculture-supporting industrial or commercial areas or forest land or when there are changed conditions in or around the locality of an agricultural facility or agricultural support facility, such operations often become the subject of nuisance actions. As a result, such facilities are sometimes forced to cease operations. Many others are discouraged from making investments in agricultural support facilities or farm improvements or adopting new related technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural and forest land resources by limiting the circumstances under which agricultural facilities and operations or agricultural support facilities may be deemed to be a nuisance. (b) As used in this Code section, the term:
(1) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (2) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3 and also timber and trees that are grown for purposes other than for harvest and for sale; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops, including without limitation timber production;

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(I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (3) 'Agricultural support facility' means any food processing plant or forest products processing plant together with all related or ancillary activities, including trucking; provided, however, that this term expressly excludes any rendering plant facility or operation. (4) 'Concentrated Animal Feeding Operation,' or 'CAFO,' means the same as that term is used pursuant to subsections (b) and (c) of 40 C.F.R. Section 122.23. (5) 'Food processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores food for human consumption and does not provide food directly to a consumer. (6) 'Forest products processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores any forest product or that manufactures, packages, labels, distributes, or stores any building material made from gypsum rock. (7) 'Rendering plant' has the meaning provided by Code Section 4-4-40. (c) No private nuisance action shall be filed against any agricultural facility, agricultural operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility unless the plaintiff legally possesses the real property affected by the conditions alleged to be a nuisance. (d) No agricultural facility, agricultural operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility shall be or shall become a nuisance, either public or private if the facility or operation has been in operation for two years or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any such facility or operation. (e) For purposes of this Code section, the established date of operation is the date on which an agricultural operation or agricultural support facility commenced operation. If the physical facilities of the agricultural operation or the agricultural support facility are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation or agricultural support facility of a previously established date of operation. (f) For purposes of this Code section, the commencement of operation of a CAFO shall create a separately and independently established date of operation for that portion of the agricultural facility, agricultural operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility relating to the newly established CAFO.

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(g) Nothing in this Code section shall preempt or override any present or future rule or regulation of the Georgia Environmental Protection Division or the United States Environmental Protection Agency."

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

Approved April 13, 2022.

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EDUCATION TRANSITIONS ELEMENTARY AGRICULTURAL EDUCATION PILOT PROGRAM TO OPTIONAL ONGOING PROGRAM; REQUIRES PARTICIPATING SCHOOLS TO EMPLOY AGRICULTURAL EDUCATION TEACHER.

No. 599 (House Bill No. 1303).

AN ACT

To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to transition a pilot program for elementary agricultural education to an optional ongoing program; to require participating schools to employ an agricultural education teacher; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by revising Code Section 20-2-154.3, relating to a pilot program for agricultural education in elementary schools and evaluation of program, as follows:
"20-2-154.3. (a) The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, is authorized to administer an agricultural education program that local school systems may offer in elementary schools. If a local board of education elects to offer an elementary agricultural education program in an elementary school, the local board of education shall agree to implement and fully fund such program in accordance with this Code section and the practices or standards established by the

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agricultural education program of the Department of Education. The local school system shall employ an agricultural education teacher to provide such program for the elementary school. (b) The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, shall establish the curriculum for each elementary agricultural education program. Such curriculum shall be grade-appropriate and include instruction in an organized classroom; collaborative learning experiences through investigation and inquiry, including laboratory and site-based learning activities; and personal and leadership development opportunities. (c) The Department of Education, through its agricultural education program, shall provide for a program evaluation regarding the success and impact of the pilot program in place in the 2019-2020, 2020-2021, and 2021-2022 school years and shall report in writing the results of such evaluation to the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee and to the House Committee on Education and the Senate Education and Youth Committee, by December 31, 2022."

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

Approved April 13, 2022.

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AGRICULTURE RENAMES GEORGIA STATE NUTRITION ASSISTANCE PROGRAM; CERTAIN REQUIREMENTS.

No. 600 (Senate Bill No. 396).

AN ACT

To amend Chapter 17 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia State Nutrition Assistance Program (SNAP), so as to rename such program the Georgia Grown Farm to Food Bank Program (F2FB); to require food procured pursuant to such program be Georgia grown; to require annual reporting related to such program to identify Georgia grown farmers who supplied food; to authorize persons who provide services to such program or the Department of Agriculture to receive food from the program if qualified as a recipient; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 17 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia State Nutrition Assistance Program (SNAP), is amended as follows:

"CHAPTER 17

2-17-1. This chapter shall be known and may be cited as the 'Georgia Grown Farm to Food Bank Program (F2FB).'

2-17-2. As used in this chapter, the term:
(1) 'Department' means the Georgia Department of Agriculture. (2) 'Emergency food provider' means a nonprofit, charitable organization that offers groceries or meals to people who are in need of food assistance and who reside in this state. (3) 'Program' means the Georgia Grown Farm to Food Bank Program (F2FB) created by this chapter. (4) 'Program participant' means an individual or household which is in need of short-term food assistance to supplement the diet in order to prevent hunger or malnutrition, or both. (5) 'Regional food bank' means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of an existing food bank network, maintains a food distribution operation providing food to nonprofit food pantries and feeding centers that offer groceries or meals to people in need of food assistance. (6) 'State nutrition information organization' means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of its mission, fosters and promotes general health through nutrition education of the public.

2-17-3. (a) The Georgia Grown Farm to Food Bank Program (F2FB) is established to provide grants to regional food banks within this state for the purchase, transportation, storage, and distribution of food to emergency food providers and program participants. Such grants shall be made from funds available to the department for such purpose. Grants made pursuant to the program shall be used only for the purchase of food or agricultural commodities from Georgia grown products, as that term is used in Code Section 2-8-90, purveyors, producers, or processors for repacking or processing, or both, of food for distribution to emergency food providers and program participants. (b) The program shall be administered by the department.

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(c) All food purchases made through the use of program funds shall be made in accordance with the following standards:
(1) All food shall be procured from Georgia grown sources; (2) Food shall be purchased at a level equal to or greater than the seller's input costs plus one-half of the projected appreciation costs; and (3) Food purchased with funds through the program shall not duplicate food available through the federal commodities program of the United States Department of Agriculture. (d) The department shall contract with regional food banks for the operation of the program. The department, in conjunction with regional food banks, is authorized to take appropriate actions, including the entry of subcontracts, to ensure uniform access to the program by needy residents of this state. The department may allow a state nutrition information organization to provide free nutrition education as part of the program to residents of this state. (e) The department shall, by rule or regulation, establish and enforce procedures and guidelines for the determination of eligibility for participation in the program. Such rules, regulations, and procedures shall not limit or affect the established guidelines used by emergency food providers for any of their programs for which no funds are provided through the program established pursuant to this chapter. No person who is eligible for food funded by the program shall be charged for food or encouraged to contribute money in order to receive food under the program.

2-17-4. The program established pursuant to this chapter and any funds granted pursuant to this chapter or expenditures made with such funds are subject to review and audit by the department and the state auditor to determine proper operation of the program and compliance with statutes, regulations, and policies. Contractors, subcontractors, and others receiving funds or commodities under this chapter shall be subject to audit and review by the state auditor at reasonable times.

2-17-5. Within 90 days of the conclusion of the state's fiscal year, any entity with which the department has contracted for the operation of the program shall submit to the department an annual report which shall account fully for and shall specify the expenditure of funds made pursuant to the program, the dollar value of Georgia grown products distributed, the number of people and households served in each county, the type and weight of food purchased, and the names of each Georgia grown product purveyor, producer, or processor from whom the program participant procured food. Within 180 days of the end of the state's fiscal year, the Commissioner shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include, but not be limited to, relevant information concerning the operation of the program for the preceding fiscal year, the quantity and dollar value of Georgia products distributed,

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the number of people and households served in each county, and the type and weight of food purchased.

2-17-6. It shall be unlawful for any person providing services to the department or to any regional food bank or emergency food provider which receives funds or food through the program or for any official or employee of the department to receive food for personal use, unless qualified as a recipient through the program, or to provide services for profit pursuant to the program created by this chapter. Any person violating this Code section shall be guilty of a misdemeanor."

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

Approved April 13, 2022.

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REVENUE AND TAXATION STATE INCOME TAX; EXCLUDES CERTAIN MILITARY RETIREMENT INCOME.

No. 641 (House Bill No. 1064).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits from state income tax, so as to exclude from Georgia taxable net income certain retirement income received from certain military service; to provide for limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits from state income tax, is amended in subsection (a) of Code Section 48-7-27, relating to the computation of taxable net income, by adding a new paragraph to read as follows:
"(5.1)(A) Up to $17,500.00 of income received by an individual who is less than 62 years of age paid to such individual as retirement benefits from military service in the armed forces of the United States or the reserve components thereof and an additional

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amount of up to $17,500.00 of such income, provided that he or she has Georgia earned income otherwise included in his or her Georgia taxable net income in an amount that exceeds $17,500.00. (B) In the case of a married couple filing jointly, each spouse who is otherwise qualified for an exclusion allowed by this paragraph shall be individually entitled to exclude retirement income received by that spouse up to the exclusion amount. (C) The exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection;"

SECTION 2. This Act shall become effective on July 1, 2022, and shall be applicable to all taxable years beginning on or after January 1, 2022.

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

Approved April 18, 2022.

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REVENUE AND TAXATION INCOME TAX; DONATIONS FOR SCHOLARSHIPS FOR DISABLED VETERANS THROUGH TECHNICAL COLLEGE SYSTEM OF GEORGIA.
No. 642 (Senate Bill No. 87).
AN ACT
To amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to tax returns and furnishing of information, so as to authorize Georgia taxpayers to make certain voluntary contributions through the income tax payment and refund process to aid and assist service disabled veterans through scholarships to the Technical College System of Georgia; 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 "Senator Jack Hill Veterans' Act."

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SECTION 2. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to tax returns and furnishing of information, is amended by adding a new Code section to read as follows:
"48-7-64. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2023, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Technical College System of Georgia Foundation by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Technical College System of Georgia Foundation, which is a nonprofit 501(c)(3) corporation that supports the Technical College System of Georgia through marketing, advocacy, and fundraising to benefit college programs, faculty, and students. All contributions received by such organization pursuant to this Code section shall be used exclusively to award scholarships to the Technical College System of Georgia to veterans with service-connected disabilities as such term is defined in 38 U.S.C. Section 101(16). "

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all taxable years beginning on or after January 1, 2023.

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

Approved April 18, 2022.

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PUBLIC OFFICERS AND EMPLOYEES PROVIDES THAT IDENTIFICATION OF PERSONS FOR WHOM NOTARIES PERFORM NOTARIAL ACTS SHALL BE EVIDENCED SATISFACTORILY BY VALID VETERANS HEALTH IDENTIFICATION CARD ISSUED BY UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.

No. 643 (Senate Bill No. 96).

AN ACT

To amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide that the identification of persons for whom notaries perform notarial acts shall be evidenced satisfactorily by a valid Veterans Health Identification Card issued by the United States Department of Veterans Affairs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by revising subsection (e) of Code Section 45-17-8, relating to powers and duties generally, as follows:
"(e) In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant based on personal knowledge or on satisfactory evidence. Such satisfactory evidence shall include, but not be limited to, a valid Veterans Health Identification Card issued by the United States Department of Veterans Affairs."

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

Approved April 18, 2022.

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PROFESSIONS AND BUSINESSES CHANGES PROVISIONS RELATING TO EXPEDITED LICENSE BY ENDORSEMENT
FOR MILITARY SPOUSES.

No. 644 (House Bill No. 884).

AN ACT

To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions of professions and businesses, so as to change certain provisions relating to expedited license by endorsement for military spouses; to require that such licenses be issued within a time specified; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions of professions and businesses, is amended by revising Code Section 43-1-34.1, relating to expedited license by endorsement for military spouses, as follows:
"43-1-34.1. (a) As used in this Code section, the term:
(1) 'License' shall have the same meaning as provided in Code Section 43-1-34. (2) 'Other board' shall have the same meaning as provided in Code Section 43-1-34. (3) 'Service member' shall have the same meaning as provided in Code Section 43-1-34. (4) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (5) 'Transitioning service member' shall have the same meaning as provided in Code Section 43-1-34. (b) Notwithstanding any other provisions of law, a professional licensing board or other board shall issue an expedited license by endorsement to any individual who: (1) Is a spouse of a service member or transitioning service member stationed within the State of Georgia; (2) Holds a current license to practice such occupation or profession issued by another state for which the training, experience, and testing are substantially similar in qualifications and scope to the requirements under this state to obtain a license; (3) Is in good standing in such other state; and (4) Passes any examination that may only be required to demonstrate knowledge of the laws and rules and regulations of this state specific to the practice of the profession, business, or trade for which such expedited license by endorsement is being sought.

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(c) An expedited license by endorsement shall be issued no later than 90 days from the date of receipt of an application and information and documents that show that all of the requirements of subsection (b) of this Code section have been met. Such application shall only require such information and documentation necessary to verify that the applicant meets the requirements set forth in subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to invalidate, override, or amend any licensing compact entered into by the State of Georgia."

SECTION 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 18, 2022.

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CRIMES AND OFFENSES CONCURRENT AUTHORITY OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL
TO PROSECUTE OFFENSES INVOLVING CRIMINAL GANG ACTIVITY.

No. 645 (House Bill No. 1134).

AN ACT

To amend Code Section 16-15-4 of the Official Code of Georgia Annotated, relating to participation in criminal gang activity prohibited, so as to provide for the concurrent authority of prosecuting attorneys and the Attorney General to prosecute offenses involving criminal gang activity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-15-4 of the Official Code of Georgia Annotated, relating to participation in criminal gang activity prohibited, is amended by adding a new subsection to read as follows:

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"(n) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer."

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

Approved April 25, 2022.

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MOTOR VEHICLES AND TRAFFIC ENHANCED PENALTIES FOR FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; PROHIBITS USE OF BLUE LIGHT TO IMPERSONATE LAW ENFORCEMENT OFFICER.

No. 646 (House Bill No. 1216).

AN ACT

To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for enhanced penalties for violations of fleeing or attempting to elude a police officer; to provide for enhanced penalties for fleeing or eluding a police officer during the commission of certain crimes or under certain circumstances; to prohibit the use of a blue light to impersonate a law enforcement officer; 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 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by revising Code Section 40-6-395, relating to fleeing or attempting to elude police officer and impersonating law enforcement officer, as follows:
"40-6-395. (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or

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police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
(b)(1) Any person convicted of violating the provisions of subsection (a) of this Code section upon a first, second, or third conviction thereof shall be guilty of a high and aggravated misdemeanor and upon a fourth or subsequent conviction thereof shall be guilty of a felony and shall be punished as follows:
(A) Upon the first conviction shall be fined not less than $1,000.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; (B) Upon the second conviction within a ten-year period of time, 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, shall be fined not less than $2,500.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; (C) Upon the third conviction within a ten-year period of time, 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, shall be fined not less than $4,000.00 nor more than $5,000.00, and the fine shall not be subject to suspension, stay, or probation, and imprisoned for not less than 180 days nor more than 12 months. Any period of such imprisonment in excess of 180 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and (D) Upon the fourth or subsequent conviction within a ten-year period of time, 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, shall be fined not less than $5,000.00 nor more than $10,000.00 and imprisoned for not less than 12 months nor more than ten years. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under subparagraphs (A) through (C) of paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in

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installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in subparagraphs (A) through (C) of paragraph (1) of this subsection upon a conviction of violating such subparagraphs or upon conviction of violating any ordinance adopting the provisions of such subparagraphs. (c) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer: (1) Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit; (2) Strikes or collides with another vehicle or a pedestrian; (3) Is the proximate cause of an accident; (4) Flees in traffic conditions which place the general public at risk of receiving serious injuries; (5) Commits a violation of:
(A) Code Section 40-6-144; (B) Subsection (a) of Code Section 40-6-163; (C) Subsection (a) of Code Section 40-6-251; (D) Subsection (a) of Code Section 40-6-390; (E) Subsection (a) of Code Section 40-6-390.1; or (F) Subsection (a) of Code Section 40-6-391; or (6) Leaves the state shall be guilty of a felony punishable by a fine of not less than $5,000.00 nor more than $10,000.00 and imprisonment for not less than 12 months nor more than ten years. (d) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (b)(1)(D) or subsection (c) of this Code section, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense. (e) It shall be unlawful for a person: (1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia Bureau of Investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle, motorcycle, or blue light designed, equipped, or marked so as to resemble a motor vehicle, motorcycle, or blue light belonging to any federal, state, or local law enforcement agency; or (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic."

SECTION 2. This Act shall become effective on July 1, 2022, and shall apply to offenses committed on or after that date.

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

Approved April 25, 2022.

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CRIMES AND OFFENSES SPECIFIES THAT EACH FIREARM IN POSSESSION OR ATTEMPTED POSSESSION OF CERTAIN OFFENDERS SHALL BE CHARGED AS SEPARATE OFFENSE.

No. 647 (Senate Bill No. 479).

AN ACT

To amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to specify that each firearm in the possession or attempted possession of certain offenders shall be charged as a separate offense; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, is amended by revising subsection (b) and adding a new subsection to read as follows:
"(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports a firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years."

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"(g) For any violation of subsection (b) or (b.1) of this Code section involving multiple firearms, each firearm connected to such violation shall constitute a separate offense."

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

Approved April 25, 2022.

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CRIMES AND OFFENSES EACH ACT OF CHILD MOLESTATION CHARGED AS SEPARATE OFFENSE; OFFENDER CAN BE CHARGED AND CONVICTED FOR EACH SEPARATE IMAGE OR DEPICTION; USE OF COMMERCIAL SOCIAL NETWORKING WEBSITES TO COMMIT SEXUAL MISCONDUCT.

No. 648 (House Bill No. 1188).

AN ACT

To amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that each act of child molestation shall be charged as a separate offense; to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children, reporting violation, civil forfeiture, and penalties, so as to specify that an offender can be charged and convicted for each separate image or depiction; to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia annotated, relating to obscenity and related offenses, so as to provide definitions, regulations, and penalties involving use of commercial social networking websites to commit sexual misconduct; to provide for severability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by revising subsection (a) and by adding a new subsection to read as follows:
"(a) A person commits the offense of child molestation when such person:

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(1) Does an immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in an immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (a.1) For purposes of this Code section, when a person does an immoral or indecent act involving touching of any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of the child or the person, and such person touches such child in multiple areas of such child's body, the touching of each area shall constitute a separate offense of child molestation."

SECTION 2. Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children, reporting violation, civil forfeiture, and penalties, is amended by revising paragraphs (5), (6), (7), and (8) of subsection (b) and by adding a new subsection to read as follows:
"(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute a visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange a medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased. (7) It is unlawful for any person knowingly to bring or cause to be brought into this state a material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (8) It is unlawful for any person knowingly to possess or control a material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct." "(b.1) For any violation of paragraph (5), (6), (7), or (8) of subsection (b) of this Code section involving multiple visual mediums, mediums, or materials, each visual medium, medium, or material connected to such violation shall constitute a separate offense."

SECTION 3. Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, is amended by adding a new Code section to read as follows:
"16-12-100.4. (a) As used in this Code section, the term:
(1) 'Commercial social networking website' includes any website, application, portal, or other means of accessing the internet that:

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(A) Is operated by a person that derives revenue from membership fees, advertising, or other sources related to the operation of the website, application, portal, or other means of accessing the internet; (B) Allows users to create personal web pages or profiles that contain the user's name or nickname, photographs of the user, and other personal information; and (C) Provides users or visitors a mechanism by which to communicate with others, such as a message board, chat room, or instant messenger. Such term shall not include a website that is either owned or operated by a local, state, or federal governmental entity or that has as its primary purpose the facilitation of commercial transactions, the dissemination of news, the discussion of political or social issues, or professional networking. (2) 'High-risk sex offender' means any individual who is registered with the State Sexual Offender Registry and who has been classified as a sexually dangerous predator pursuant to Code Section 42-1-14. (b) It shall be unlawful for any high-risk sex offender to access or use any commercial social networking website to: (1) Communicate with a person who the offender believes is under 16 years of age; (2) Contact a person who the offender believes is under 16 years of age; (3) Pose falsely as a person under 16 years of age; or (4) Gather information about a person who the offender believes is under 16 years of age. (c) For purposes of determining jurisdiction, an offense shall be deemed to be committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state. (d) Any person that 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 ten years and by a fine of not more than $10,000.00. (e) This Code section shall be severable in accordance with Code Section 1-1-3, relating to severability."

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

Approved April 25, 2022.

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LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA PUBLIC SAFETY TRAINING CENTER; REIMBURSEMENT OF CERTAIN COSTS
INCURRED BY ACTIVE DUTY, RETIRED, OR HONORABLY DISCHARGED MEMBERS OF UNITED STATES ARMED FORCES ATTENDING BASIC LAW ENFORCEMENT TRAINING.

No. 649 (Senate Bill No. 358).

AN ACT

To amend Code Section 35-5-5 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center available for use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers and duties, so as to provide for the reimbursement of certain costs incurred by active duty, retired, or honorably discharged members of the United States armed forces who are attending basic law enforcement training; to provide for limitations on such reimbursements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 35-5-5 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center available for use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers and duties, is amended in subsection (d) by revising paragraphs (2) through (6) and adding a new paragraph to read as follows:
"(2) To reimburse or provide for certain costs incurred in training peace officers, emergency medical personnel, and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms 'cost' and 'costs' shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition which is incurred in connection with such training; (3) To reimburse or provide for certain costs incurred in training active duty, retired, or honorably discharged members of the United States armed forces who are attending basic law enforcement training, as outlined in subsection (a) of Code Section 35-8-9, to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided

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for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms 'cost' and 'costs' shall not include travel or salaries of service members undergoing training and shall be limited exclusively to the cost of tuition which is incurred in connection with such training if such cost or costs are not covered by any other resource available to such service member. Each active duty, retired, or honorably discharged service member undergoing this training shall have complied with the requirements set forth in Code Section 35-8-8. (4) To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20; (5) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1; (6) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under Chapter 11 of Title 31 for the initial certification training and continued training as needed by emergency medical personnel and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said chapter; and (7) To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The tuition costs of the training of communications officers shall be paid from funds appropriated to the center."

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

Approved April 25, 2022.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS RETIREMENT AND PENSIONS REVISES AMOUNTS RETAINED FROM
CHARGES IMPOSED ON TELECOMMUNICATIONS RELATED TO PROVISION OF 9-1-1 SERVICES AND PROVIDES FOR REMITTANCE TO PEACE OFFICERS' ANNUITY AND BENEFIT FUND; RENDERS CERTAIN CERTIFIED COMMUNICATIONS OFFICERS ELIGIBLE FOR FUND.

No. 650 (Senate Bill No. 84).

AN ACT

To amend Article 12 of Chapter 3 of Title 38 and Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Emergency Communications Authority, and the Peace Officers' Annuity and Benefit Fund, respectively, so as to revise the amounts retained from charges imposed on certain telecommunications related to the provision of 9-1-1 services; to reduce the amount retained by the state and provide for retention and remittance to the Peace Officers' Annuity and Benefit Fund; to provide that certain certified communications officers shall be eligible for membership in such fund; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the Emergency Communications Authority, is amended by revising Code Section 38-3-186, relating to contracting with Department of Revenue for collection and disbursement of charges remitted, and the collection and disbursement of prepaid wireless 9-1-1 charges, as follows:
"38-3-186. (a) The authority shall contract with the Department of Revenue for the collection and disbursement of charges remitted to the authority under subsection (a) of Code Section 38-3-185, other than prepaid wireless 9-1-1 charges under Code Section 46-5-134.2. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 0.25 percent of the total amount of the gross charges remitted to the authority under subsection (a) of Code Section 38-3-185, other than prepaid wireless 9-1-1 charges under Code Section 46-5-134.2.

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(b) The authority shall also contract with the Department of Revenue for the collection and disbursement of prepaid wireless 9-1-1 charges remitted to counties and municipalities under Code Section 46-5-134.2. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 0.25 percent of the total amount of the gross charges remitted to the authority or Department of Revenue under Code Section 46-5-134.2."

SECTION 2. Said article is further amended by revising Code Section 38-3-188, relating to retention of funds by the Department of Revenue and payments to local governments, as follows:
"38-3-188. (a) The Department of Revenue shall retain and remit from the total amount of funds collected by it from charges imposed pursuant to subsection (a) of Code Section 38-3-185 and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent to the authority and an amount equal to 0.75 percent of the total amount to the Peace Officers' Annuity and Benefit Fund as further provided for in Code Section 47-17-63. (b) Except for the amounts retained by the authority, Department of Revenue, Peace Officers' Annuity and Benefit Fund, and service suppliers pursuant to Code Sections 38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by service suppliers shall be paid by the Department of Revenue to each local government on a pro rata basis based on the remitted amounts attributable to each such local government reported by service suppliers in the reports required by subsection (b) of Code Section 38-3-185. Such payments shall be made by the Department of Revenue to such local governments not later than 30 days following the date charges must be remitted by service suppliers to the Department of Revenue pursuant to subsection (a) of Code Section 38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues of the state and such payments shall not be subject to or available for appropriation by the state for any purpose."

SECTION 3. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended in paragraph (5) of Code Section 47-17-1, relating to definitions, by striking "and" at the end of subparagraph (K), by replacing the period and quotation mark with a quotation mark followed by "; and" at the end of subparagraph (L), and by adding the following:
"(M) Each communications officer, as such term is defined in Code Section 35-8-23, who is certified or maintains compliance with rules and regulations prescribed by the Georgia Peace Officer Standards and Training Council with respect to such position."

SECTION 4. Said chapter is further amended by enacting a new Code section to read as follows:

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"47-17-63. The board, the Georgia Emergency Communications Authority, and the Department of Revenue shall coordinate to the extent necessary to ensure that the fund receives the amounts that it is owed pursuant to subsection (a) of Code Section 38-3-188."

SECTION 5. This Act shall become effective on July 1, 2022, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2022, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 25, 2022.

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PROFESSIONS AND BUSINESSES EXEMPTS CERTIFIED PEACE OFFICERS EMPLOYED BY LICENSED PRIVATE DETECTIVE BUSINESSES OR PRIVATE SECURITY BUSINESS AS INDEPENDENT CONTRACTOR FROM CERTAIN REGULATIONS.

No. 651 (House Bill No. 1441).

AN ACT

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 exempt a certified peace officer employed by a licensed private detective businesses or private security business as an independent contractor from requirements of such chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by revising Code Section 43-38-7, relating to licensing of armed employees, qualifications, continuing education, fingerprints, license card, and suspension, as follows:

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"43-38-7. (a) Any employer may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for licensure under this chapter.
(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) 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. (c)(1) Except as otherwise provided in paragraph (2) of subsection (b) 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:
(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 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 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

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discretion to deny a license to any individual when the information and supporting documentation required by this subsection are not provided. (e) Upon granting a license 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. (f) Upon receipt of a license card issued by the board pursuant to this chapter, the licensee shall maintain said card on his or her person at all times while on his or her post or at his or her place of employment and at all times when the licensee wears a uniform in the course of his or her employment in the private detective or private security business. (g) Notwithstanding any other provisions of this Code section, any person who is to be licensed under this Code section shall agree that if such person makes a false statement in the application or if such person is found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such person without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."

SECTION 2. Said chapter is further amended by revising Code Section 43-38-14, relating to exceptions to operation of chapter and local regulation, as follows:
"43-38-14. (a) This chapter shall not apply to:
(1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act; (3) An attorney at law or a bona fide legal assistant in performing his or her duties; (4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; (6) The employees of a firm identified in paragraph (5) of this subsection; or (7) Any person with a valid peace officer certification issued pursuant to Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' who is employed by or works as an independent contractor for a licensed private security business or private detective business. (b) This chapter shall not prevent the local authorities of any municipality or county, by ordinance and within the exercise of the police power of such municipality or county, from imposing local regulations upon any street patrol, special officer, or person furnishing street

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patrol service, including regulations requiring registration with an agency to be designated by such municipality or county. (c) This chapter shall not apply to a person or corporation which employs persons who do private security work in connection with the affairs of such employer only and who have an employer-employee relationship with such employer. Neither such persons or corporations nor their employees shall be required to register or be licensed under this chapter, although such persons or corporations or their employees may elect to be licensed under this chapter."

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

Approved April 25, 2022.

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REVENUE AND TAXATION GENERAL ASSEMBLY REVISES INCOME TAX RATES OVER TIME; REVISES PERSONAL EXEMPTIONS AND ITEMIZED DEDUCTIONS; CREATES 2023 SPECIAL COUNCIL ON TAX REFORM AND FAIRNESS FOR GEORGIANS AND SPECIAL JOINT COMMITTEE ON GEORGIA REVENUE STRUCTURE.

No. 716 (House Bill No. 1437).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to revise the rates of taxation on income; to phase in such tax rate reductions over a period of time subject to certain annual determinations; to require the determination and reporting of certain information; to revise personal exemptions; to revise itemized deductions; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2023 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to amend an Act approved March 2, 2018 (Ga. L. 2018, p. 8), which reduced the highest personal and corporate income tax rates, so as to repeal certain contingent provisions; to revise certain effective dates and applicability; to make conforming changes; to provide for related matters; to provide for a short title; to provide for effective dates and applicability; 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.

This Act shall be known and may be cited as the "Tax Reduction and Reform Act of 2022."

PART II SECTION 2-1.

Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by revising Code Section 48-7-20, relating to individual income tax rates, credit for withholding and other payments, and applicability to estates and trusts, as follows:
"48-7-20. (a) A tax is imposed upon every resident of this state with respect to the Georgia taxable net income of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to such nonresident's Georgia taxable net income not otherwise exempted which is received by the taxpayer from services performed, property owned, proceeds of any lottery prize awarded by the Georgia Lottery Corporation, or from business carried on in this state. Except as otherwise provided in this chapter, the tax imposed by this subsection shall be levied, collected, and paid annually.
(a.1)(1) On and after January 1, 2024, the tax imposed pursuant to subsection (a) of this Code section shall be at the rates provided in subsection (a.2) of this Code section for each respective tax year; provided, however, that the actual rates for a given year tax year shall be subject to delays as provided in this subsection. (2) Each prospective change in the tax rates that would otherwise occur as provided in paragraphs (2) through (6) of subsection (a.2) of this Code section shall be delayed by one year for each year that any of the following are true as of December 1:
(A) The Governor's revenue estimate for the succeeding fiscal year is not at least 3 percent above the Governor's revenue estimate for the present fiscal year; (B) The prior fiscal year's net revenue collection was not higher than each of the preceding five fiscal years' net tax revenue collection; or (C) The Revenue Shortfall Reserve provided for in Code Section 45-12-93 does not contain a sum that exceeds the amount of the decrease in state revenue projected to occur as a result of the prospective reduction in the tax rates set to occur the following year. (3) The Office of Planning and Budget shall make the determinations necessary to implement the provisions of paragraph (2) of this subsection and shall report its determinations by December 1 of each year to the department, the Speaker of the House of Representatives, the President of the Senate, and the chairpersons of the House Appropriations Committee, the House Ways and Means Committee, the Senate Appropriations Committee, and the Senate Finance Committee. This paragraph shall not

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be applicable after the final reduction in the rates occurs as provided in paragraph (6) of subsection (a.2) of this Code section. (a.2) Subject to the provisions of subsection (a.1) of this Code section: (1) For tax years beginning on or after January 1, 2024, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 5.49 percent; (2) For tax years beginning on or after January 1, 2025, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 5.39 percent; (3) For tax years beginning on or after January 1, 2026, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 5.29 percent; (4) For tax years beginning on or after January 1, 2027, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 5.19 percent; (5) For tax years beginning on or after January 1, 2028, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 5.09 percent; and (6) For tax years beginning on or after January 1, 2029, the tax imposed pursuant to subsection (a) of this Code section shall be levied at the rate of 4.99 percent. (b)(1) Reserved. (2) To facilitate the computation of the tax by those taxpayers whose federal adjusted gross income together with the adjustments set out in Code Section 48-7-27 for use in arriving at Georgia taxable net income is less than $10,000.00, the commissioner may construct tax tables which may be used by the taxpayers at their option. The tax shown to be due by the tables shall be computed on the bases of the standard deduction and the tax rates specified in paragraph (1) of this subsection. Insofar as practicable, the tables shall produce a tax approximately equivalent to the tax imposed by paragraph (1) of this subsection. (c) The amount deducted and withheld by an employer from the wages of an employee pursuant to Article 5 of this chapter, relating to current income tax payments, shall be allowed the employee as a credit against the tax imposed by this Code section. Amounts paid by an individual as estimated tax under Article 5 of this chapter shall constitute payments on account of the tax imposed by this Code section. The amount withheld or paid during any calendar year shall be allowed as a credit or payment for the taxable year beginning in the calendar year in which the amount is withheld or paid. (d) The tax imposed by this Code section applies to the Georgia taxable net income of estates and trusts, which shall be computed in the same manner as in the case of a single individual. The tax shall be computed on the Georgia taxable net income and shall be paid by the fiduciary."

SECTION 2-2. Said chapter is further amended by revising subsection (b) of Code Section 48-7-26, relating to personal exemptions from income tax, as follows:
"(b) Each taxpayer shall be allowed as a deduction in computing his or her Georgia taxable income a personal exemption in an amount as follows:

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(1) For each married couple filing a joint return: (A) For taxable years beginning on or after January 1, 2024, $18,500.00; (B) For taxable years beginning on or after January 1, 2026, $20,000.00; (C) For taxable years beginning on or after January 1, 2028, $22,000.00; or (D) For taxable years beginning on or after January 1, 2030, $24,000.00;
(2) For each married taxpayer filing a separate return, one-half of the amount of the personal exemption allowed under paragraph (1) of this subsection for the given year; (3) For each single taxpayer or head of household, $12,000.00; and (4) For each dependent of a taxpayer, $3,000.00."

SECTION 2-3. Said chapter is further amended in subsection (a) of Code Section 48-7-27, relating to computation of state taxable net income, by adding a new paragraph and revising paragraph (1) and subparagraph (E) of paragraph (5) as follows:
"(1) The sum of all itemized nonbusiness deductions used in computing such taxpayer's federal taxable income;"
"(E)(i) For the purposes of this paragraph, retirement income shall include but not be limited to income from military retirement, interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $5,000.00 of an individual's earned income. Earned income in excess of $5,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusions allowed by this paragraph except to the extent of the express limitation provided in this division. (ii) Any income received by a surviving family member that is based on the service record of a deceased veteran shall be excluded from Georgia taxable net income without regard to the age of the surviving family member."

SECTION 2-4. Said chapter is further amended in said Code section by revising paragraph (3) of subsection (b) as follows:
"(3) There shall be added to taxable income any amount deducted pursuant to Section 164 of the Internal Revenue Code in determining federal taxable income that exceeds the following:
(A) For a single taxpayer, a taxpayer filing as head-of-household, or a married taxpayer filing jointly, $10,000.00; or (B) For a married taxpayer filing separately, $5,000.00."

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PART III SECTION 3-1.

Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows:

"CHAPTER 12

28-12-1. On or before May 1, 2023, the House Ways and Means Committee and the Senate Committee on Finance shall jointly undertake a thorough review of any and all state tax credits, deductions, and exemptions. No later than December 1, 2023, said committees shall submit a report of their findings and recommendations to the presiding officers of their respective chambers."

PART IV SECTION 4-1.

An Act approved March 2, 2018 (Ga. L. 2018, p. 8), which reduced the highest personal and corporate income tax rates, is amended by repealing and reserving Sections 1-3 and 1-5 of said Act and by revising Section 3-1 as follows:

"SECTION 3-1. (a)(1) Section 1-1 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and such section shall be applicable to all taxable years beginning on or after January 1, 2017; provided, however, that Code Section 48-1-2 as amended by Section 1-1 of this Act shall be amended by revisions contained in Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2017. (2) Section 1-6 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and such section shall be applicable to all taxable years beginning on or after January 1, 2017; provided, however, that the revisions to Code Section 48-7-21 made by Section 1-6 of this Act shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2017. (3) Section 1-8 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and such section shall be applicable to all taxable years beginning on or after January 1, 2017; provided, however, that the revisions to Code Section 48-7-27 made by Section 1-8 of this Act shall

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be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2017. (b)(1) Section 1-2 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on January 1, 2019, and ending December 31, 2019; provided, however, that the revisions to Code Section 48-7-20 made by Section 1-2 of this Act shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2020. (2) Section 1-4 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on January 1, 2019, and ending December 31, 2019; provided, however, that the revisions to Code Section 48-7-21 made by Section 1-4 of this Act shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2020. (c) Reserved. (d) Section 1-7 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on January 1, 2018, and ending December 31, 2019; provided, however, that the revisions to Code Section 48-7-27 made by Section 1-7 of this Act shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2020. (e) Section 1-9 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval; provided, however, that: (1) The revisions to subsection (c) of Code Section 48-7-42 contained in Section 1-9 of this Act shall be applicable to tax credits that are assigned in taxable years beginning on or after January 1, 2018; provided, however, that such revisions shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2018; and (2) The revisions to subsection (g) of Code Section 48-7-42 contained in Section 1-9 of this Act shall be applicable to sales, mergers, acquisitions, or bankruptcies occurring in taxable years beginning on or after January 1, 2018; provided, however, that such revisions shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018, and became or become applicable to tax years beginning on or after January 1, 2018. (f) Part II of this Act shall become effective July 1, 2018; provided, however, that the revisions to Code Section 48-5C-1 made by Part II of this Act shall be subject to the

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revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018. (g) Part III of this Act shall become effective upon its approval by the Governor or upon becoming law without such approval; provided, however, that Part III of this Act shall be subject to the revisions made by Acts approved by the Governor or that became or become law without such approval after March 2, 2018."

PART V SECTION 5-1.

(a) This Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval; provided, however, that Part II of this Act shall become effective on January 1, 2024, and shall be applicable to all taxable years beginning on or after January 1, 2024. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as they existed for such prior taxable years.

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

Approved April 26, 2022.

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COURTS LAW ENFORCEMENT OFFICERS AND AGENCIES STATE GOVERNMENT REESTABLISHES CRIMINAL CASE DATA EXCHANGE BOARD AS ADVISORY BOARD TO COUNCIL OF SUPERIOR COURT CLERKS OF GEORGIA; PROVIDES FOR DUTIES AND OTHER MATTERS REGARDING COUNCIL; PROVIDES GEORGIA BUREAU OF INVESTIGATION WITH ORIGINAL JURISDICTION TO INVESTIGATE ELECTION FRAUD AND ELECTION CRIMES.

No. 717 (Senate Bill No. 441).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the reestablishment of the Criminal Case Data Exchange Board as an advisory board to The Council of Superior Court Clerks of Georgia; to provide for membership, selection of officers, meetings, and duties of such board; to provide for continuation in office of current members; to provide for duties of The Council of Superior Court Clerks of Georgia; to provide for transmission of data to the Georgia Crime Information Center; to provide for definitions; to provide for implementation; to provide that a superior court shall ensure that its operations do not conflict with the uniform standards issued by The Council of Superior Court Clerks of Georgia; to provide for annual reports by the council detailing activities and progress of groups within the Criminal Case Data Exchange Board; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide the Georgia Bureau of Investigation with original jurisdiction to investigate election fraud and election crimes; to provide the Georgia Bureau of Investigation with subpoena power to further such investigations; to provide for penalty; to provide for compliance with data transmission requirements; to repeal provisions concerning the Criminal Case Data Exchange Board; to provide for required reports; to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to provide for release of funds from the technology empowerment fund, subject to certain conditions; to provide for legislative findings and intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. (a) The General Assembly finds that:
(1) The state's current system for sharing criminal case data is not adequate to provide to all appropriately interested parties, including, but not limited to, law enforcement agencies and officers, courts, crime victims and other impacted individuals, housing providers, and employers, complete criminal case data; (2) One recent report indicates there may be as many as 7 million criminal charges without a final disposition indicated, and, of those, as many as 5.4 million criminal charges have languished for years; (3) Georgia's citizens and businesses are harmed by incomplete criminal case data. For example, in thousands of cases, as a result of incomplete criminal case data, citizens' employability and housing opportunities have been negatively impacted; and (4) A more uniform, modern system and framework for handling criminal case data will support the state in meeting its obligations to victims to keep them informed as their perpetrators make their way through the criminal justice system. (b) It is the intent of the General Assembly that criminal case data be complete and accurately reported to the appropriate state data base and be accessible to state and local criminal justice agencies, employers, housing providers, victims, and all citizens.

SECTION 2. This Act shall be known and may be cited as the "Criminal Records Responsibility Act."

SECTION 3. Title 15 of the Official Code of Georgia Annotated, relating to courts in general, is amended in Article 1 of Chapter 6, relating to general provisions for superior courts, by revising subsection (a) of Code Section 15-6-11, relating to electronic filings of pleadings and documents, electronic payments and remittances, access, and public disclosure, as follows:
"(a)(1) Pursuant to rules promulgated by the Criminal Case Data Exchange Board, in effect on June 30, 2022, a superior court shall provide for the filing of pleadings in criminal cases and any other document related thereto and for the acceptance of payments and remittances by electronic means. (2) The Council of Superior Court Clerks shall submit the uniform standards adopted by the board pursuant to paragraph (5) of subsection (h) of Code Section 15-6-50.3 to the Council of Superior Court Judges. The chief superior court judge of each judicial circuit shall assist the superior court clerk with the implementation of such uniform standards. A superior court judge may order any party to provide data needed by the clerk to facilitate transmission of data."

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SECTION 4. Said title is further amended in Article 2 of Chapter 6, relating to clerks of superior courts, by adding new subsections to Code Section 15-6-50.2, relating to The Council of Superior Court Clerks of Georgia, to read as follows:
"(f) The council shall issue uniform standards not inconsistent with the uniform standards promulgated by the Criminal Case Data Exchange Board pursuant to Code Section 15-6-50.3. (g) By January 15 of each year, the council shall prepare a report detailing the activities of the Criminal Case Data Exchange Board and the progress of the represented groups within the board's membership to effect the uniform standards prescribed in paragraph (5) of subsection (h) of Code Section 15-6-50.3 for the previous year. Such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee and the House Committee on Judiciary and to the Governor, Lieutenant Governor, Speaker of the House, and Chief Justice of the Supreme Court of Georgia no later than January 15 of each year."

SECTION 5. Said title is further amended in Article 2 of Chapter 6, relating to clerks of superior courts, by adding a new Code section to read as follows:
"15-6-50.3. (a) As used in this Code section, the term:
(1) 'Board' shall mean the Criminal Case Data Exchange Board. (2) 'Predecessor board' shall mean the Criminal Case Data Exchange Board, which was established as a board to the Criminal Justice Coordinating Council in 2018 by an Act of the General Assembly. (b) The Criminal Case Data Exchange Board is reestablished as an advisory board to The Council of Superior Court Clerks of Georgia. (c) The board shall consist of 19 members as follows: (1) The executive director of The Council of Superior Court Judges of Georgia, the executive director of The Council of State Court Judges of Georgia, the executive director of The Council of Superior Court Clerks of Georgia, the executive director of the Prosecuting Attorneys' Council, the chairperson of the State Board of Pardons and Paroles, the commissioner of corrections, the commissioner of community supervision, the director of the Georgia Bureau of Investigation, the director of the Office of Planning and Budget, the director of the Administrative Office of the Courts, the chief information officer of the Georgia Technology Authority, the executive director of the Georgia Sheriffs' Association, and the executive director of the Georgia Association of Chiefs of Police, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and (2) Six members, one of whom is a superior court judge, one of whom is a state court judge, one of whom is a clerk of a superior court, one of whom is a district attorney, one

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of whom is a sheriff of a county, and one of whom is a police chief of a municipality, shall be appointed by the Governor for terms of four years; provided, however, that any person who, as of June 30, 2022, was serving as a member of the predecessor board pursuant to an appointment by the Governor shall continue to serve as a member of the board for the remainder of the term of such appointment; and provided, further, that no person shall serve beyond the time he or she holds the office by reason of which he or she was initially eligible for appointment. (d) In the event of death, resignation, disqualification, or removal of any member of the board for any reason, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (e) Membership on the board shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership on the board. (f) The board shall elect a chairperson from among its membership and may elect such other officers and committees as it considers appropriate. (g) Members of the board shall serve without compensation, although each member of the board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to The Council of Superior Court Clerks of Georgia. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with this state's travel rules and regulations; provided, however, that in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. (h) The board shall: (1) Meet no less than quarterly at such times and places as it shall determine necessary or convenient to perform its duties and also upon the call of the chairperson of the board, a designee of The Council of Superior Court Clerks of Georgia, or the Governor; (2) Maintain minutes of its meetings; (3) Participate in the review and improvement of this state's criminal case data exchange and management system; (4) Using the combined expertise and experience of its members, provide regular advice and counsel to The Council of Superior Court Clerks of Georgia to enable such council and its members to carry out its statutory duties under this article; (5) By January 1, 2023, promulgate uniform standards for the creation and transmission of electronic criminal history data by and between local and state criminal justice agencies. Such data shall include arrests; indictments, accusations, information, and other formal charges; and final dispositions arising therefrom, including, but not limited to, convictions; (6) By September 1, 2022, prepare a report on the board's progress in developing uniform standards pursuant to paragraph (5) of this subsection and an initial draft of such uniform standards. Such report shall be transmitted electronically or mailed to the office of the chairs of the Senate Judiciary Committee and the House Committee on Judiciary; the chairs of the Senate Appropriations Committee and the House Committee on

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Appropriations; and to the Governor, Lieutenant Governor, Speaker of the House, and Chief Justice of the Supreme Court of Georgia no later than September 1, 2022; (7) Make recommendations for the improvement of criminal history data sharing for the benefit of the public, employers, and law enforcement; (8) Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for criminal case data exchange and management; and (9) By November 1, 2022, after having conducted a comprehensive review of automated victim notification systems, make a recommendation for adoption of an automated system in Georgia that provides for individualized notification to victims of certain occurrences in each case involving the victim, including, but not limited to, occurrences of arrest, pre-trial release, court hearings, and sentencing. Such system shall also be able to reconcile individuals' criminal data at all steps of the data exchange process. Such recommendation and any accompanying report shall be transmitted to the director of the Georgia Crime Information Center, the executive director of the Georgia Sheriff's Association, and the executive director of the Prosecuting Attorneys' Council and be available to all members of the board. Nothing in this Code section shall be construed to limit or otherwise prevent criminal justice agencies from improving the organization of their respective data or developing and implementing, individually or collectively, an automated victim notification system for crime victims in this state during or after the time the comprehensive review of automated victim notification systems is being conducted. (i) Public access to data that are collected or transmitted via the criminal case information exchange shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the Georgia Technology Authority."

SECTION 6. Said title is further amended in Article 2 of Chapter 6, relating to clerks of superior courts, by revising subparagraph (a)(4)(B) and paragraph (18) of subsection (a) of Code Section 15-6-61, relating to duties of clerks generally and computerized record-keeping system, as follows:
"(B) An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of clerk of superior court in accordance with rules promulgated by The Council of Superior Court Clerks of Georgia. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed. When a case is dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and" "(18) To electronically collect all data elements required pursuant to subsection (g) of Code Section 35-3-36, and such clerk of superior court shall transmit such data to the

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Georgia Crime Information Center, in a form and format required by and consistent with uniform standards issued by The Council of Superior Court Clerks of Georgia, which shall provide the data to the Administrative Office of the Courts for use by the state judicial branch upon request. Public access to said data shall remain the responsibility of only the Georgia Crime Information Center;"

SECTION 7. Said title is further amended in Article 1 of Chapter 7, relating to general provisions for state courts of counties, by revising subsection (a) of Code Section 15-7-5, relating to electronic filings of pleadings and documents, electronic payments and remittances, access, and public disclosure, as follows:
"(a)(1) Pursuant to rules promulgated by the Criminal Case Data Exchange Board in effect on June 30, 2022, a state court shall provide for the filing of pleadings in criminal cases and any other document related thereto and for the acceptance of payments and remittances by electronic means. (2) The Council of Superior Court Clerks shall submit the uniform standards adopted by the board pursuant to paragraph (5) of subsection (h) of Code Section 15-6-50.3 to the Council of State Court Judges. The chief state court judge of each county shall assist the state court clerk with the implementation of such uniform standards. A state court judge may order any party to provide data needed by the clerk to facilitate transmission of data."

SECTION 8. Said title is further amended in Article 1 of Chapter 18, relating to general provisions for prosecuting attorneys, by revising Code Section 15-18-6, relating to duties of district attorney, as follows:
"15-18-6. The duties of the district attorneys within their respective circuits are:
(1) To attend each session of the superior courts unless excused by the judge thereof and to remain until the business of the state is disposed of; (2) To attend on the grand juries, advise them in relation to matters of law, and swear and examine witnesses before them; (3) To administer the oaths the laws require to the grand and trial jurors and to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the courts as he may require; (4) To draw up all indictments or presentments, when requested by the grand jury, and to prosecute all indictable offenses; (5) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 and to prosecute or defend any other civil action in the prosecution or defense of which the state is interested, unless otherwise specially provided for;

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(6) To attend before the appellate courts when any criminal case emanating from their respective circuits is tried, to argue the same, and to perform any other duty therein which the interest of the state may require; (7) To advise law enforcement officers concerning the sufficiency of evidence, warrants, and similar matters relating to the investigation and prosecution of criminal offenses; (8) To collect all money due the state in the hands of any escheators and to pay it over to the educational fund, if necessary, compelling payment by rule or order of court or other legal means; (9) To collect all claims of the state which they may be ordered to collect by the state revenue commissioner and to remit the same within 30 days after collection; and on October 1 of every year to report to the state revenue commissioner the condition of the claims in their hands in favor of the state, particularly specifying:
(A) The amounts collected and paid, from what sources received and for what purposes, and to whom paid; (B) What claims are unpaid and why; (C) What judgments have been obtained, when, and in what court; and (D) What actions are instituted, in what courts, and their present progress and future prospects; (10) To ensure disposition information is submitted in accordance with subsection (g) of Code Section 35-3-36 when a final disposition decision is made by a district attorney; (11) To assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that the victims of crimes are apprised of the rights afforded them under the law; and (12) To perform such other duties as are or may be required by law or which necessarily appertain to their office."

SECTION 9. Said title is further amended in Article 3 of Chapter 18, relating to solicitors-general of the state courts, by revising subsection (a) of Code Section 15-18-66, relating to duties and authority, as follows:
"(a) The duties of the solicitors-general within their respective counties are: (1) To attend each session of the state court when criminal cases are to be heard unless excused by the judge thereof and to remain until the business of the state is disposed of; (2) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; (3) To file accusations on such criminal cases deemed prosecutable and, subject to paragraph (10) of subsection (b) of this Code section, to prosecute all accused offenses; (4) To ensure disposition information is submitted in accordance with subsection (g) of Code Section 35-3-36 when a final disposition decision is made by a solicitor-general;

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(5) To attend before the appellate courts when any criminal case in which the solicitor-general represents the state is heard, to argue the same, and to perform any other duty therein which the interest of the state may require; and (6) To perform such other duties as are or may be required by law or which necessarily appertain to their office."

SECTION 10. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation generally, by revising subsection (a) as follows:
"(a) It shall be the duty of the bureau to: (1) Take, receive, and forward fingerprints, photographs, descriptions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States; (2) Exchange information relating to crime and criminals; (3) Keep permanent files and records of such information procured or received; (4) Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scene of a crime; (5) Provide for the testing and identification of weapons and projectiles fired therefrom; (6) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (7) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; (8) Exchange such records and information as provided in paragraphs (6) and (7) of this subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; (9) Identify and investigate violations of Article 4 of Chapter 7 of Title 16; (10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors; (11) Identify and investigate violations of Article 8 of Chapter 9 of Title 16; (12) Identify and investigate violations of Article 5 of Chapter 8 of Title 16; (13) Identify and investigate violations of Code Section 16-5-46; (14) Identify and investigate violations of Article 8 of Chapter 5 of Title 16; (15)(A) 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

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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; (16) Identify and investigate violations of Chapter 2 of Title 21 involving elections which if established are sufficient to change or place in doubt the results of an election; and (17) Attorneys employed by the Legal Division of the bureau may serve at the request of a district attorney, solicitor-general, or United States Attorney in the prosecution of any civil or criminal case within the jurisdiction of such district attorney, solicitor-general, or United States Attorney and, while providing such assistance to such district attorney, solicitor-general, or United States Attorney, such attorneys shall have the same authority and power as an attorney employed by such district attorney, solicitor-general, or United States Attorney."

SECTION 11. Said title is further amended by adding a new Code section to read as follows:
"35-3-4.5. (a) In any investigation of a violation of Chapter 2 of Title 21 involving elections, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible items, including records and documents contained within or generated by a computer or any other electronic device, unless such records are wholly owned by the federal government, and to undertake, at the discretion of the bureau, an audit of materials produced in response to such subpoena in a form deemed necessary by the bureau. (b) Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or deputy director for investigations, through the prosecuting attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on the grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court."

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SECTION 12. Said title is further amended by revising subsection (b) of Code Section 35-3-32, relating to establishment of council, composition, and duties and responsibilities of the Georgia Crime Information Center Council generally, as follows:
"(b) The duties and responsibilities of the council are to: (1) Advise and assist in the establishment of policies under which the center is to be operated; (2) Advise and assist in updating the policies under which the center is to be operated, to the extent that such policies are necessary to comply with the uniform standards promulgated pursuant to paragraph (5) of subsection (h) of Code Section 15-6-50.3 issued by The Council of Superior Court Clerks of Georgia; (3) Ensure that the information obtained pursuant to this article shall be restricted to the items specified in this article and ensure that the center is administered so as not to accumulate any information or distribute any information that is not specifically approved in this article; (4) Ensure that adequate security safeguards are incorporated so that the data available through this system is used only by properly authorized persons and agencies; (5) Establish appropriate disciplinary measures to be taken by the center in the instance of violations of data reporting or dissemination of laws, rules, and regulations by criminal justice agencies or members thereof covered by this article; and (6) Establish other policies which provide for the efficient and effective use and operation of the center under the limitations imposed by the terms of this article."

SECTION 13. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center generally, to read as follows:
"(16.1) Provide at least quarterly to each clerk of superior court in this state, and upon request by any such clerk, a report detailing the number of open criminal charges, time expired restricted charges, and closed criminal charges for each county, respectively. Such report shall also be provided to any judge or prosecuting attorney of this state, upon request. Such report may be transmitted electronically or by mail in the discretion of the director of the center."

SECTION 14. Said title is further amended by revising subsection (g) of Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center and responsibility for accuracy, as follows:
"(g)(1) Criminal justice agencies within this state, all persons in charge of law enforcement agencies, clerks of court, municipal judges when such judges do not have a clerk, magistrates, persons in charge of community supervision, juvenile probation, or

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Article 6 of Chapter 8 of Title 42 probation offices, and the State Board of Pardons and Paroles shall transmit to the center the information described in Code Section 35-3-33 within 30 days of the creation or receipt of such information, except as provided in subsection (d) of this Code section, on the basis of the forms and instructions to be provided by the center. Such forms and instructions shall not be inconsistent with the uniform standards promulgated pursuant to paragraph (5) of subsection (h) of Code Section 15-6-50.3 issued by The Council of Superior Court Clerks of Georgia. (2) Compliance with the provisions in paragraph (1) of this subsection is mandatory, regardless of whether the center requests the information described in Code Section 35-3-33."

SECTION 15. Said title is further amended by revising Code Section 35-6A-2, relating to creation of the Criminal Justice Coordinating Council, assignment to the Georgia Bureau of Investigation, and definitions, as follows:
"35-6A-2. (a) There is established the Criminal Justice Coordinating Council of the State of Georgia which is assigned to the Georgia Bureau of Investigation for administrative purposes only, as prescribed in Code Section 50-4-3. (b) As used in this chapter, the term 'council' means the Criminal Justice Coordinating Council."

SECTION 16. Said title is further amended by repealing Code Section 35-6A-13, relating to the Criminal Case Data Exchange Board, membership, and operation.

SECTION 17. Said title is further amended in Chapter 6A by repealing Code Section 35-6A-14, relating to role of the Criminal Case Data Exchange Board and public access.

SECTION 18. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, is amended by adding a new subsection to Code Section 50-25-7.1, relating to technology empowerment fund, appropriations, initiatives, and steering committee, to read as follows:
"(e) Upon enactment of enforceable uniform standards for the submission of electronic records to the Georgia Crime Information Center promulgated by The Council of Superior Court Clerks of Georgia, and subject to the availability of appropriations and moneys otherwise available to the authority, the authority is authorized to release funds from the technology empowerment fund for the purpose of installing or upgrading criminal justice information systems to be used by criminal justice agencies for complying with their

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respective obligations to provide information and data to the Georgia Crime Information Center."

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Approved April 27, 2022.

__________

EDUCATION PARENTS' BILL OF RIGHTS.
No. 718 (House Bill No. 1178).
AN ACT
To amend Part 5 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to review of removal of students in elementary and secondary education, so as to provide for the protection of the fundamental right of parents to direct the upbringing and education of their minor children from undue infringement by a state or local government entity, local board of education or other governing body, or any officer, employee, or agent thereof; to provide for a short title; to provide for legislative findings; to provide for definitions; to require school and school system governing bodies to adopt policies or regulations that promote parental involvement in public schools; to provide for policy or regulation requirements; to provide for a process by which parents shall have access to certain information; to provide for appeals; to provide for construction; to prohibit certain waivers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 5 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to review of removal of students in elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-786. (a) This Code section shall be known and may be cited as the 'Parents' Bill of Rights.' (b) The General Assembly finds that it is a fundamental right of parents to direct the upbringing and education of their minor children. The General Assembly further finds that important information relating to a minor child should not be withheld, either inadvertently

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or purposefully, from his or her parent, including information relating to the minor child's education. (c) As used in this Code section, the term:
(1) 'Governing body' shall have the same meaning as provided in subsection (a) of Code Section 20-2-167.1. (2) 'Instructional material' means instructional materials and content, as defined by the State Board of Education pursuant to Code Section 20-2-1010, and locally approved instructional materials and content, as defined in subsection (a) of Code Section 20-2-1017. (3) 'Minor child' means a person who is less than 18 years of age and who has not been emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or as otherwise provided by law. (4) 'Parent' means a person who has legal authority to act on behalf of a minor child as a natural or adoptive parent or a legal guardian. (5) 'Review period' means the first two weeks of each nine-week grading period of the school year; provided, however, that for schools that do not implement nine-week grading periods, the term 'review period' means the first two weeks of each grading period of the school year. (d) No state or local government entity, governing body, or any officer, employee, or agent thereof may infringe on the fundamental right of a parent to direct the upbringing and education of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by less restrictive means. (e)(1) All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from a state or local government entity, governing body, or any officer, employee, or agent thereof, including, but not limited to:
(A) The right to direct the upbringing and the moral or religious training of his or her minor child; (B) The right to review all instructional materials intended for use in the classroom of his or her minor child; (C) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home study program, or other available options, as authorized by law and subject to applicable enrollment requirements; (D) The right to access and review all records relating to his or her minor child, including, but not limited to, current grade reports and attendance records, unless otherwise prohibited by law; (E) The right to access information relating to promotion and retention policies and high school graduation requirements;

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(F) The right to provide written notice that photographs or video or voice recordings of his or her child are not permitted, subject to applicable public safety and security exceptions; and
(G)(i) The right to request, in writing, from the local school superintendent or school principal the information provided for in this Code section. The local school superintendent or school principal shall produce such information for inspection within a reasonable amount of time not to exceed three business days of receipt of a request. In those instances where some, but not all, information requested is available for inspection within three business days, the local school superintendent or school principal shall make available within that period such information that is available for inspection. In any instance where some or all of such information is unavailable within three business days of receipt of the request, and such information exists, the local school superintendent or school principal shall, within such time period, provide the requester with a description of such information and a timeline for when the information will be available for inspection and shall provide the information or access thereto as soon as practicable but in no case later than 30 days of receipt of the request. (ii) If the local school superintendent or school principal denies a parent's request for information or does not provide existing responsive information within 30 days, the parent may appeal such denial or failure to respond to the governing body. The governing body must place such appeal on the agenda for its next public meeting. If it is too late for such appeal to appear on the next meeting's agenda, the appeal must be included on the agenda for the subsequent meeting. (iii) A parent aggrieved by the decision of the governing body may appeal such decision to the State Board of Education as provided in subsection (b) of Code Section 20-2-1160. (2) Unless such rights have been waived or terminated as provided by law, parents have inalienable rights that are more comprehensive than those listed in paragraph (1) of this subsection. This Code section does not prescribe all rights of parents. Unless otherwise required by law, the rights of a parent of a minor child shall not be limited or denied. (f) Each governing body shall, in consultation with parents, teachers, and administrators, develop and adopt a policy or regulation to promote parental involvement in the public schools. Such policy or regulation shall be posted on each governing body's public website, and a copy of such policy or regulation shall be available for review on site upon request by a parent. Such policy or regulation shall include: (1) Procedures for a parent to review records relating to his or her minor child; (2)(A) Procedures for a parent to learn about his or her minor child's courses of study, including, but not limited to, parental access to instructional materials intended for use in the classroom. Instructional materials intended for use in his or her minor child's classroom shall be made available for parental review during the review period. If such instructional materials are not made available by a school or local school system for

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review online, then they shall be made available for review on site upon a parent's request made during the review period. (B) Procedures for a parent to object to instructional materials intended for use in his or her minor child's classroom or recommended by his or her minor child's teacher; (3) Procedures for a parent to withdraw his or her minor child from the school's prescribed course of study in sex education if the parent provides a written objection to his or her minor child's participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from the course; and (4) Procedures for a parent to provide written notice that photographs or video or voice recordings of his or her child are not permitted, subject to applicable public safety and security exceptions. (g) This Code section does not and shall not be construed to: (1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of the law; (2) Prohibit a judge or officer of a court of competent jurisdiction, law enforcement officer, or any agent of a state or local government entity that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; (3) Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law; or (4) Apply to a parental action or decision that would end life. (h) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code Section 20-2-2065 for a charter school, or Code Section 20-2-244."

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

Approved April 28, 2022.

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EDUCATION PROTECT STUDENTS FIRST ACT; PROHIBITS DISCRIMINATION IN LOCAL SCHOOLS ON BASIS OF RACE
AND REGULATES OTHER ACTIVITIES AND COMMUNICATIONS BASED ON RACE; REQUIRES ATHLETIC ASSOCIATION EXECUTIVE OVERSIGHT COMMITTEES.

No. 719 (House Bill No. 1084).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to prevent the use of and reliance upon curricula or training programs which advocate for certain concepts, with exceptions; to provide for such exceptions; to require local boards of education, local school superintendents, and the governing bodies of charter schools to prohibit discrimination on the basis of race; to require that curricula and training programs shall encourage such employees not to judge others based on race; to provide for statutory construction; to provide for complaint resolution policies and procedures; to provide for promulgation of a model policy by the State Board of Education; to provide for guidance to schools and local school systems by the Department of Education; to provide for a process by which certain individuals shall have access to certain records; to provide for penalties; to prohibit certain waivers; to prohibit basing certification and classification of certain professional personnel upon completion of training programs which advocate for certain concepts; to prohibit certain performance standards and the code of ethics for educators to require completion of training programs which advocate for certain concepts; to provide for definitions; to provide for a short title; to provide for construction; to provide that no high school that receives QBE funds shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless such athletic association provides for an executive oversight committee; to provide for the appointment, membership, selection of officers, meetings, duties, and authorities of such executive oversight committee; to provide for reimbursement for such executive oversight committee; to provide for noncompliant high schools to forfeit QBE funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. This Act shall be known and may be cited as the "Protect Students First Act."

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SECTION 1-2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Article 1 of Chapter 1, relating to general provisions, by adding a new Code section to read as follows:
"20-1-11. (a) As used in this Code section, the term:
(1) 'Divisive concepts' means any of the following concepts, including views espousing such concepts:
(A) One race is inherently superior to another race; (B) The United States of America is fundamentally racist; (C) An individual, by virtue of his or her race, is inherently or consciously racist or oppressive toward individuals of other races; (D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race; (E) An individual's moral character is inherently determined by his or her race; (F) An individual, solely by virtue of his or her race, bears individual responsibility for actions committed in the past by other individuals of the same race; (G) An individual, solely by virtue of his or her race, should feel anguish, guilt, or any other form of psychological distress; (H) Performance-based advancement or the recognition and appreciation of character traits such as a hard work ethic are racist or have been advocated for by individuals of a particular race to oppress individuals of another race; or (I) Any other form of race scapegoating or race stereotyping. (2) 'Espousing personal political beliefs' means an individual, while performing official duties as part of his or her employment or engagement with a school or local school system, intentionally encouraging or attempting to persuade or indoctrinate a student, school community member, or other school personnel to agree with or advocate for such individual's personal beliefs concerning divisive concepts. (3) 'Race scapegoating' means assigning fault or blame to a race, or to an individual of a particular race because of his or her race. Such term includes, but is not limited to, any claim that an individual of a particular race, consciously and by virtue of his or her race, is inherently racist or is inherently inclined to oppress individuals of other races. (4) 'Race stereotyping' means ascribing character traits, values, moral or ethical codes, status, or beliefs to an individual because of his or her race. (b) Each local board of education, local school superintendent, and the governing body of each charter school shall prohibit employees from discriminating against students and other employees based on race. (c)(1) Each local board of education, local school superintendent, and the governing body of each charter school shall ensure that curricula and training programs encourage employees and students to practice tolerance and mutual respect and to refrain from judging others based on race.

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(2) Each school and local school system may provide curricula or training programs that foster learning and workplace environments where all students, employees, and school community members are respected; provided, however, that any curriculum, classroom instruction, or mandatory training program, whether delivered or facilitated by school personnel or a third party engaged by a school or local school system, shall not advocate for divisive concepts. (d) Nothing in this Code section shall be construed or applied to: (1) Inhibit or violate the rights protected by the Constitutions of Georgia and the United States of America or undermine intellectual freedom and free expression; (2) Infringe upon the intellectual vitality of students and employees of local boards of education, local school systems, or other schools; (3) Prohibit a local board of education, local school system, or other school from promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural competency; provided, however, that such efforts do not conflict with the requirements of this Code section and other applicable laws; (4) Prohibit a school administrator, teacher, other school personnel, or an individual facilitating a training program from responding in a professionally and academically appropriate manner and without espousing personal political beliefs to questions regarding specific divisive concepts raised by students, school community members, or participants in a training program; (5) Prohibit the discussion of divisive concepts, as part of a larger course of instruction, in a professionally and academically appropriate manner and without espousing personal political beliefs; (6) Prohibit the full and rigorous implementation of curricula, or elements of a curriculum, that are required as part of advanced placement, international baccalaureate, or dual enrollment coursework; provided, however, that such implementation is done in a professionally and academically appropriate manner and without espousing personal political beliefs; (7) Prohibit the use of curricula that addresses the topics of slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in racial oppression, segregation, and discrimination in a professionally and academically appropriate manner and without espousing personal political beliefs; (8) Create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against a local board of education, local school system, or other school, or the departments, agencies, entities, officers, employees, agents, or any other personnel affiliated with such local board of education, local school system, or other school; or (9) Prohibit a state or federal court or agency of competent jurisdiction from ordering training or other remedial action that discusses divisive concepts due to a finding of discrimination, including discrimination based on race.

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(e)(1) No later than August 1, 2022, each local board of education and the governing body of each charter school shall adopt a complaint resolution policy to address complaints alleging violations of any provision of subsections (b) through (d) of this Code section. The complaint resolution policy shall provide that:
(A) A school or local school system shall not be required to respond to a complaint made pursuant to this subsection unless it is made by:
(i) The parent of a student enrolled at the school where the alleged violation occurred; (ii) A student who has reached the age of majority or is a lawfully emancipated minor and who is enrolled at the school where the alleged violation occurred; or (iii) An individual employed as a school administrator, teacher, or other school personnel at the school where the alleged violation occurred; (B) The complaint shall first be submitted in writing to the principal of the school where the alleged violation occurred; (C) The complaint shall provide a reasonably detailed description of the alleged violation; (D)(i) Within five school days of receiving such written complaint, the school principal or a designee of the charter school or local school system shall review the complaint and take reasonable steps to investigate the allegations in the complaint; (ii) Within ten school days of receiving the complaint, unless another schedule is mutually agreed to by the complainant and the school principal or the designee of the charter school or local school system, the school principal or such designee shall confer with the complainant and inform the complainant whether a violation occurred, in whole or in part, and, if such a violation was found to have occurred, what remedial steps have been or will be taken; provided, however, that the confidentiality of student or personnel information shall not be violated; and (iii) Following such conference, within three school days of a request by the complainant, the school principal or the designee of the charter school or local school system shall provide to the complainant a written summary of the findings of the investigation and a statement of remedial measures, if any; provided, however, that such written response shall not disclose any confidential student or personnel information; (E) The determinations provided for in subparagraph (D) of this paragraph shall be reviewed by the governing body of a state charter school or the local school superintendent or his or her designee, as applicable, within ten school days of receiving a written request for such review by the complainant addressed to the governing body of a state charter school or the local school superintendent, as applicable; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this subparagraph; and (F)(i) The local school superintendent's decision following the review provided for in subparagraph (E) of this paragraph shall be subject to review by the local board of

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education as provided in Code Section 20-2-1160; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this division; and (ii) The decision of the governing body of a state charter school following the review provided for in subparagraph (E) of this paragraph shall be subject to review by the State Charter Schools Commission, whereupon the State Charter Schools Commission shall take appropriate remedial measures, including, but not limited to, revocation of a state charter school's charter; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this division. (2) Following a decision by a local board of education regarding a complaint made pursuant to paragraph (1) of this subsection, any party aggrieved by the decision of the local board of education shall have the right to appeal such decision to the State Board of Education for a hearing as provided in Code Section 20-2-1160. (3) The State Board of Education shall, after hearing an appeal brought pursuant to paragraph (2) of this subsection, make written findings regarding whether any violations of any provision of subsections (b) through (d) of this Code section occurred at a school in such school system. If the State Board of Education finds that one or more such violations occurred, it shall direct the Department of Education to develop a corrective action plan to be provided to the local school system within ten days of such finding, and the local school system shall have 30 days to implement the corrective action plan. If the State Board of Education finds that such local school system has not implemented the corrective action plan: (A)(i) In cases where the local school system at issue has been granted one or more waivers as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code Section 20-2-2065, the State Board of Education shall order the immediate suspension of one or more waivers included in the local school system's contract with the State Board of Education providing for such waivers; (ii) The State Board of Education shall exercise discretion in determining which waivers shall be subject to such order of suspension and shall, as may be reasonable and practicable, narrowly tailor such order to address specific violations of provisions of subsections (b) through (d) of this Code section; and (iii) An order suspending a local school system's waivers pursuant to division (i) of this subparagraph shall be in effect for no less than 12 months from the date of such order and, if the remainder of the current term of such local school system's contract with the State Board of Education providing for waivers is greater than 12 months, then no longer than such remainder; and (B) In cases where the local school system at issue has not been granted a waiver as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code Section 20-2-2065, the State Board of Education shall refer the matter to the State School Superintendent to determine whether to exercise his or her suspension authority as provided in Code Section 20-2-34.

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(4) No later than July 1, 2022, the State Board of Education shall promulgate a model policy to assist schools and local school systems with establishing a complaint resolution process that meets the requirements of paragraph (1) of this subsection. The Department of Education shall develop guidance for schools and local school systems for use when determining whether violations of subsections (b) through (d) of this Code section have occurred. The Department of Education shall be authorized to revise such guidance from time to time. (5) Nothing in this subsection shall be construed to prohibit any cause of action available at law or in equity to a complainant who is aggrieved by a decision of a local board of education, the governing body of a charter school, or the State Charter Schools Commission made pursuant to subparagraph (F) of paragraph (1) of this subsection. (f)(1) Any individual described in divisions (e)(1)(A)(i) through (iii) of this Code section shall have the right at any time, including prior to filing a complaint as provided in subsection (e) of this Code section, to request, in writing, from the local school superintendent or school principal nonconfidential records which he or she reasonably believes may substantiate a complaint under this Code section. The local school superintendent or school principal shall produce such records for inspection within a reasonable amount of time not to exceed three business days of receipt of a request. In those instances where some, but not all, of the records requested are available for inspection within three business days, the local school superintendent or school principal shall make available within that period such records that are available for inspection. In any instance where some or all of such records are unavailable within three business days of receipt of the request, and such information exists, the local school superintendent or school principal shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection and shall provide the records or access thereto as soon as practicable but in no case later than 30 days after receipt of the request. (2) If the local school superintendent or school principal denies a parent's request for records or does not provide existing responsive records within 30 days, the parent may appeal such denial or failure to respond to the local board of education or charter school governing board. The local board of education or charter school governing board must place such appeal on the agenda for its next public meeting. If it is too late for such appeal to appear on the next meeting's agenda, the appeal must be included on the agenda for the subsequent meeting. (3) Nothing in this subsection shall be construed to prohibit any cause of action available at law or in equity to a parent who is aggrieved by a decision of a local board of education or the governing body of a charter school made pursuant to paragraph (2) of this subsection. (g) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system; Code Section 20-2-244 for a local board of education; Code Section 20-2-2063.2 for a charter system; or Code Section 20-2-2065 for a charter

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school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system."

SECTION 1-3. Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to certificated professional personnel in elementary and secondary education, by revising subsection (a) and paragraph (1) of subsection (b) of Code Section 20-2-200, relating to regulation of certificated professional personnel by Professional Standards Commission, rules and regulations, and fees, as follows:
"(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration. Such certification and classification shall not be dependent in whole or in part upon an individual participating in or completing any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term 'certificated professional personnel' means all professional personnel certificated by the commission and county or regional librarians.
(b)(1) The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators; provided, however, that such rules, regulations, requirements, and procedures shall not require an individual to participate in or complete any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for."

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SECTION 1-4. Said title is further amended in Subpart 1A of Part 2 of Article 16 of Chapter 2, relating to improved student learning environment and discipline in elementary and secondary education, by revising Code Section 20-2-739, relating to conflict management and resolution and cultural diversity training programs, as follows:
"20-2-739. On and after July 1, 2000, the Department of Education shall provide training programs in conflict management and resolution and in cultural diversity for voluntary implementation by local boards of education for school employees, parents and guardians, and students; provided, however, that after July 1, 2022, such training programs shall not advocate for divisive concepts, as such term is defined in Code Section 20-1-11."

SECTION 1-5. Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional standards in elementary and secondary education, by revising subsection (a) of Code Section 20-2-984, relating to Professional Standards Commission -- 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; provided, however, that such standards and procedures shall not require an individual to participate in or complete any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that such standards shall include 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."

SECTION 1-6. Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional standards in elementary and secondary education, by revising subsection (a) of Code Section 20-2-984.1, relating to Professional Standards Commission -- adoption of standards of performance and a code of ethics, as follows:

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"(a) It shall be the duty of the commission, by regulation, to adopt standards of performance and a code of ethics for educators. The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this state. In adopting regulations as provided in this Code section, the commission shall seek the advice of educators of this state. The standards of performance and code of ethics adopted by the commission shall be limited to professional performance and professional ethics. The standards of performance and code of ethics adopted by the commission shall not require an individual to participate in or complete any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for."

PART II SECTION 2-1. Said title 20 is further 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 subsection to Code Section 20-2-316, relating to involvement of athletic associations in high school athletics, to read as follows: "(c)(1) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the athletic association complies with the provisions of this subsection by having a charter, bylaws, and other governing documents which provide for governance and operational oversight by an executive oversight committee as follows: (A) The executive oversight committee shall comprise ten members as follows: (i) One member to be appointed by the Governor; (ii) One member to be appointed by the Lieutenant Governor; (iii) One member to be appointed by Speaker of the House of Representatives; (iv) Two members to be appointed by the Georgia School Superintendents Association, with one such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on lower student enrollment figures and the other such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on higher student enrollment figures; (v) One member to be appointed by the Georgia School Boards Association; (vi) One member to be appointed by a state-wide association of high school athletic coaches with a current membership of not less than 300 Georgia residents and which is recognized by a majority of the executive oversight committee; (vii) One member to be appointed by a state-wide association of high school athletic officials, referees, and umpires with a current membership of not less than 300

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Georgia residents and which is recognized by a majority of the executive oversight committee; and (viii) Two members to be appointed by the governing body of the athletic association, with one such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on lower student enrollment figures and the other such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on higher student enrollment figures; (B) A quorum of the executive oversight committee shall consist of 6 members; (C) The executive oversight committee shall elect a chairperson and vice chairperson from among its members; (D) Members of the executive oversight committee shall serve terms of three years and are eligible to succeed themselves only once. The athletic association's bylaws shall establish a rotation of terms to ensure that a majority of the members' terms do not expire concurrently. The athletic association's bylaws shall provide for successors to such members who vacate office for any reason; (E) The authority and duties of the executive oversight committee shall include: (i) To meet in person or remotely not less than twice each school year; (ii) To meet in person or remotely upon the call of the chairperson or a majority of the executive oversight committee; (iii) To establish policies and procedures for the executive oversight committee; (iv) To conduct any independent audit, review, or investigation the executive oversight committee deems necessary, including, but not limited to, the audit, review, or investigation of the classifications of participating schools and travel-related issues of participating schools; (v) If the athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the athletic association may adopt a policy to that effect; provided, however, that such policy shall be applied to all of the athletic association's participating public high schools; and (vi) To conduct an annual evaluation of the athletic association as a whole and present a report of its findings, recommendations, and conclusions to the General Assembly's High School Athletics Overview Committee; and (F) Travel and other expenses actually incurred by the executive oversight committee, or any member thereof in the performance of his or her duties, shall be reimbursed by the athletic association. (2) Any high school that participates in, sponsors, or provides coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association that does not comply with the provisions of this Code section shall forfeit its allotted funding provided for under this article."

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

Approved April 28, 2022.

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EDUCATION QUALITY BASIC EDUCATION ACT; REQUIRES LOCAL ADOPTION OF COMPLAINT RESOLUTION PROCESSES REGARDING
MATERIAL ALLEGED TO BE HARMFUL TO MINORS; REQUIRES DEVELOPMENT OF MODEL POLICY BY DEPARTMENT OF EDUCATION.

No. 720 (Senate Bill No. 226).

AN ACT

To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," so as to require each local board of education to adopt a policy providing for a complaint resolution process to be used by its local school system to address complaints submitted by parents or permanent guardians alleging that material that is harmful to minors has been provided or is currently available to a student; to provide for policy requirements; to require the Department of Education to develop a model policy for use by local school systems; to provide for public review; 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 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.6. (a) As used in this Code section, 'harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(1) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

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(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (b) No later than January 1, 2023, each local board of education shall adopt a complaint resolution policy for its local school system to be used to address complaints submitted by parents or permanent guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the local school system who is the child of such parent or permanent guardian. The complaint resolution process shall require that: (1) Complaints be submitted in writing to the principal of the school where the student is enrolled; (2) Complaints shall provide a reasonably detailed description of the material that is alleged to be harmful to minors; (3) Within seven business days of receiving a written complaint, the school principal or his or her designee review the complaint and take reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material that is alleged to be harmful to minors, if it is available; (4) The school principal or his or her designee shall determine whether the material that is the subject of the complaint is harmful to minors; (5) The school principal or his or her designee shall determine whether student access to the material that is the subject of the complaint shall be removed or restricted; (6) Within ten business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or permanent guardian and the school principal or his or her designee, the school principal or his or her designee shall confer with the parent or permanent guardian and inform him or her whether the material that is the subject of the complaint was determined to be harmful to minors, and whether student access to such material will be removed or restricted; (7) Appeals of the school's principal's or his or her designee's determinations provided for in paragraphs (4) and (5) of this subsection shall be subject to full administrative and substantive review by the local board of education, which shall also include the ability of the parent or permanent guardian to provide input during public comment at a regularly scheduled board meeting. Unless another time frame is mutually agreed upon by the parent or permanent guardian and the local board of education, the review and final disposition of the appeal by the local board of education shall be completed within 30 calendar days of receiving the written appeal; and (8) The title of the material submitted for appeal pursuant to paragraph (7) of this subsection that is determined by the local board of education to be not harmful to minors shall be published on the website of the local board of education within 15 business days from the date of such determination and shall remain on the website for a period of not less than 12 months. A parent or permanent guardian may request access to appealed

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materials that are physical in nature and accessible to their student in the student's school media center. A parent or permanent guardian must abide by the school's policies and procedures when requesting and reviewing such material. (c) No later than September 1, 2022, the Department of Education shall promulgate a model policy for a complaint resolution process that meets the requirements of subsection (b) of this Code section."

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

Approved April 28, 2022.

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EDUCATION LOCAL BOARDS OF EDUCATION; OPEN PUBLIC MEETINGS; NOTICE OF MEETINGS; RULES OF CONDUCT; REMOVAL OF INDIVIDUALS FROM MEETINGS.

No. 721 (Senate Bill No. 588).

AN ACT

To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that meetings of local boards of education shall be open to the public except as otherwise provided by law; to provide for public notice of public meetings of local boards of education; to require local boards of education to annually adopt rules of conduct for public meetings of the local board of education; to provide for the removal of members of the public from public meetings of a local board of education in accordance with rules adopted and published by the local board of education; to provide that visual and sound recording shall be permitted at such public meetings; to provide for 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 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by revising subsections (a) and (c) of Code Section 20-2-58, relating to regular monthly meetings of local boards of education, adjournment, temporary presiding officer, notice of date, template for financial review, and public comment period, as follows:

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"(a) It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools and to review the financial status of the local school system. The local board of education shall provide a public comment period during such regular monthly meetings. Such public comment period shall be included on the agenda required to be made available and posted prior to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1. A local board of education shall not require notice by an individual more than 24 hours prior to the meeting as a condition of addressing the local board during such public comment period. The chairperson of the local board of education shall have the discretion to limit the length of time for individual comments and the number of individuals speaking for or against a specific issue. Any such regular monthly meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the dates of its regular monthly meetings and shall publish such dates either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the dates; provided, however, that the dates shall not be changed more often than once in 12 months and, if changed, the new date or dates shall also be published as provided in this Code section. The local board of education shall also publish notice of such regular monthly meetings in a prominent manner on its principal public website."
"(c)(1) Except as otherwise provided by law, including, but not limited to, the provisions of subsection (b) of Code Section 50-14-3, all meetings of a local board of education, including, but not limited to, regular monthly meetings provided for in subsection (a) of this Code section, shall be open to the public. The local board of education shall publish notice of each such public meeting in a prominent manner on its principal public website. (2) Visual and sound recording shall be permitted at all such public meetings. (3) By October 1, 2022, and by August 1 each year thereafter, each local board of education shall adopt rules of conduct for public meetings of the local board of education and shall publish such rules of conduct in a prominent manner on its principal public website. Such rules shall include provisions for the removal of members of the public for actual disruption of a public meeting of the local board of education. (4) A member of the public may be removed from a public meeting of a local board of education for an actual disruption of the proceedings, as determined according to the rules of conduct for meetings open to the public adopted and published by the local board of education. (5) Nothing in this subsection shall be construed to limit the authority of any law enforcement officer or the application or enforcement of Chapter 14 of Title 50."

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

Approved April 28, 2022.

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EDUCATION REVENUE AND TAXATION INCLUDES EARNED INTEREST IN CALCULATION OF MINIMUM REVENUE OBLIGATIONS FOR SCHOLARSHIPS AND TUITION GRANTS; REVISES STUDENT SCHOLARSHIP ORGANIZATION
AUDITS; FURTHER REGULATES STUDENT SCHOLARSHIP ORGANIZATIONS; PROVIDES FOR QUALIFIED EDUCATION TAX CREDITS TO BE USED BY INSURANCE COMPANIES AGAINST TAX LIABILITY; REVISES LIMITS; PROVIDES FOR ANNUAL DETERMINATIONS BY OFFICE OF PLANNING AND BUDGET.

No. 722 (House Bill No. 517).

AN ACT

To amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to provide for the inclusion of earned interest in the calculation of minimum revenue obligations for scholarships and tuition grants; to require that student scholarship organization audits are conducted in accordance with generally accepted auditing standards; to provide for the expansion of the scope of such audits; to provide for a deadline by which such audits shall be reported to the Department of Revenue; to require that student scholarship organizations immediately notify the Department of Education if the Department of Revenue ceases preapproving contributions to student scholarship organizations; to require student scholarship organizations to annually submit copies of Form 990s to the Department of Revenue; to provide that student scholarship organizations are solely responsible for verifying student eligibility; to provide for expansion of public reporting requirements; 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 qualified education tax credits to be used by certain insurance companies against certain tax liability; to provide for conditions and limitations; to increase the limit available to individuals, heads of household, married couples filing joint returns, and individuals who are members of certain limited liability companies, shareholders of Subchapter "S" corporations, or partners in a partnership; to revise the aggregate annual

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limits of the tax credit and provide for increases contingent on the Governor's revenue estimates; to provide for annual determinations by the Office of Planning and Budget; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by revising Code Section 20-2A-2, relating to requirements for student scholarship organizations, as follows:
"20-2A-2. Each student scholarship organization:
(1) With respect to the first $1.5 million of its annual revenue received from donations for scholarships or tuition grants, including interest earned on deposits and investments of scholarship funds or tuition grants, shall obligate at least 92 percent of such revenue for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $1.5 million and up to and including $10 million, including interest earned on deposits and investments of scholarship funds or tuition grants, shall obligate at least 94 percent of such revenue for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $10 million and up to and including $20 million, including interest earned on deposits and investments of scholarship funds or tuition grants, shall obligate at least 95 percent of such revenue for scholarships or tuition grants; and, with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $20 million, including interest earned on deposits and investments of scholarship funds or tuition grants, shall obligate at least 96 percent of such revenue for scholarships or tuition grants. On or before the end of the calendar year following the calendar year in which a student scholarship organization receives revenues from donations and obligates them for the awarding of scholarships or tuition grants, the student scholarship organization shall designate the obligated revenues for specific student recipients. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants, the student scholarship organization may distribute the entire obligated and designated revenues to a qualified school or program to be held in accordance with Department of Revenue rules for distribution to the specified recipients during the years in which the recipients are projected in writing by the private school to be enrolled at the qualified school or program. In making a multiyear distribution to a qualified school or program, the student scholarship organization shall require that if the designated student

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becomes ineligible or for any other reason the qualified school or program elects not to continue disbursement of the multiyear scholarship or tuition grant to the designated student for all the projected years, then the qualified school or program shall immediately return the remaining funds to the student scholarship organization. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants for which the student scholarship organization distributes the obligated and designated revenues to a qualified school or program annually rather than the entire amount, if the designated student becomes ineligible or for any other reason the student scholarship organization elects not to continue disbursement for all years, then the student scholarship organization shall designate any remaining previously obligated revenues for a new specific student recipient on or before the end of the following calendar year. The maximum scholarship amount given by the student scholarship organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish such amount annually, no later than January 1; (1.1) In awarding scholarships or tuition grants, shall consider financial needs of students based on all sources, including the federal adjusted gross income from the federal income tax return most recently filed by the parents or guardians of such students, as adjusted for family size. If the parents or guardians of a student have not filed a federal income tax return in either of the two calendar years immediately preceding the year of application, the student scholarship organization shall consider the financial need of the student based on proof of employment income of the parents or guardians from the 30 consecutive days closest to when the applicant submitted the scholarship application and on any other sources of income, including, but not limited to, unemployment benefits, social security benefits, and child support benefits; (2) Shall maintain separate accounts for scholarship funds and operating funds. Until obligated revenues are designated for specific student recipients, the student scholarship organization shall hold the obligated revenues in a bank or investment account owned by the student scholarship organization and over which it has complete control; provided, however, that interest earned on deposits and investments of scholarship funds and tuition grants shall be included in the calculation of the minimum obligations provided for in paragraph (1) of this Code section; (3) Shall have an independent board of directors with at least three members; (4) May transfer funds to another student scholarship organization; (5) Within 120 days after the completion of the student scholarship organization's fiscal year, shall conduct an audit of its accounts by an independent certified public accountant in accordance with generally accepted auditing standards verifying that the student scholarship organization has complied with all requirements of this chapter, including, but not limited to, scholarship fund management requirements, operational fund management requirements, other financial requirements, student eligibility requirements,

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school qualification requirements, and other scholarship management requirements. Each student scholarship organization shall also submit with each such audit a signed declaration certifying that it has complied and is in compliance with all legal and regulatory requirements imposed by state or federal law. Within 60 days of completion of such audit, each student scholarship organization shall provide a copy of such audit to the Department of Revenue in accordance with Code Section 20-2A-3. Notwithstanding Code Sections 20-2A-7, 48-2-15, 48-7-60, and 48-7-61, if the copy of the audit submitted fails to verify that the student scholarship organization obligated its annual revenue received from donations for scholarships or tuition grants, including interest earned on deposits and investments of such funds, as required under paragraph (1) of this Code section; that obligated revenues were designated for specific student recipients within the time frame required by paragraph (1) of this Code section; and that all obligated and designated revenue distributed to a qualified school or program for the funding of multiyear scholarships or tuition grants complied with all applicable Department of Revenue rules, then the Department of Revenue shall post on its website the details of such failure to verify. Until any such noncompliant student scholarship organization submits an amended audit, which, to the satisfaction of the Department of Revenue, contains the verifications required under this Code section, the Department of Revenue shall not preapprove any contributions to the noncompliant student scholarship organization; (5.1) In addition to the audit required by paragraph (5) of this Code section, in 2023, the state auditor shall issue an economic analysis report on the performance of this tax credit to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee. An economic analysis shall include, but not be limited to, a good faith estimate, on both a direct and indirect basis, as to the:
(A) Net change in state revenue; (B) Net change in state expenditures, which shall include, but not be limited to, costs of administering the tax credit; (C) Net change in economic activity; and (D) Net change in public benefit; (6) Shall annually submit notice to the Department of Education in accordance with department guidelines of its participation as a student scholarship organization under this chapter; provided, however, that the student scholarship organization shall immediately notify the Department of Education if the Department of Revenue has temporarily or permanently ceased preapproving contributions to the student scholarship organization in accordance with the provisions of paragraph (5) of this Code section; (7) Shall annually submit to the Department of Revenue a copy of its most recent Form 990 filed with the United States Internal Revenue Service; and (8) Shall be solely responsible for verifying the eligibility of students for participation in the program provided for in this chapter."

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SECTION 1-2. Said chapter is amended further by revising Code Section 20-2A-3, relating to taxation reporting requirements for student scholarship organizations, as follows:
"20-2A-3. (a) Each student scholarship organization shall report annually to the Department of Revenue, on a date determined by the Department of Revenue, subject to the time limits provided for in paragraph (5) of Code Section 20-2A-2, and on a form provided by the Department of Revenue, the following information:
(1) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; (4) The total number of scholarship recipients whose family's adjusted gross income falls:
(A) Under 125 percent of the federal poverty level; (B) Between 125 and 250 percent of the federal poverty level; (C) Between 250 and 400 percent of the federal poverty level; and (D) Above 400 percent of the federal poverty level; (4.1) The total number of scholarship recipients and the average scholarship dollar amount by each county within which any scholarship recipient resides; (5) The average scholarship dollar amount by adjusted gross income category as provided in paragraph (4) of this subsection; and (6) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received from each student scholarship organization pursuant to paragraphs (1) through (5) of this subsection and the report of the student scholarship organization's most recent audit conducted pursuant to paragraph (5) of Code Section 20-2A-2 , except that no information of confidential taxpayer information contained in such audit report shall be posted or otherwise disclosed to the public by the Department of Revenue. (b) Except for the allowable information included in the report of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2 and the information reported pursuant to paragraphs (1) through (5) of subsection (a) of this Code section, all information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization."

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PART II SECTION 2-1.

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 48-7-29.16, relating to a qualified education tax credit, as follows:
"48-7-29.16. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax provided for in Code Section 33-8-4. (2) 'Eligible student' shall have the same meaning as in paragraph (1) of Code Section 20-2A-1. (3) 'Qualified education expense' means the expenditure of funds by the taxpayer or business enterprise during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 which are used for tuition and fees for a qualified school or program. (4) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (5) 'Student scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (1) In the case of a single individual or a head of household, the actual amount expended or $2,500.00 per tax year, whichever is less; (2) In the case of a married couple filing a joint return, the actual amount expended or $5,000.00 per tax year, whichever is less; or (3) Anything to the contrary contained in paragraph (1) or (2) of this subsection notwithstanding, in the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the amount expended or $25,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (c.1) A business enterprise shall be allowed a credit against the tax imposed by Code Section 33-8-4 in an amount equal to its qualified education expenses or 75 percent of the business enterprise's state insurance premium tax liability owed pursuant to Code

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Section 33-8-4, whichever is less; provided, however, that the amount of such credit shall not exceed $1 million.
(d)(1) The tax credit shall not be allowed if the taxpayer or business enterprise designates its qualified education expense for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer or business enterprise. (2) In soliciting contributions, a student scholarship organization shall not represent, or direct a qualified private school to represent, that, in exchange for contributing to the student scholarship organization, a taxpayer or business enterprise shall receive a scholarship for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer or business enterprise. The status as a student scholarship organization shall be revoked for any such organization which violates this paragraph. (e) In no event shall the total amount of the tax credit allowed to any taxpayer or business enterprise under this Code section for a taxable year exceed such taxpayer's income tax liability or such business enterprise's state insurance premium tax liability owed pursuant to Code Section 33-8-4, provided that any unused tax credit shall be allowed the taxpayer or business enterprise against up to its succeeding five years' tax liability. No such credit shall be allowed the taxpayer or business enterprise against prior years' tax liability. (f)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed:
(A) Fifty-eight million dollars for the year ending on December 31, 2018; (B) For 2019 through 2022, $100 million per year; and (C) For 2023 and all subsequent years, $120 million per year. (1.1) In no event shall the aggregate amount of tax credits allowed under this Code section to all business enterprises for state insurance premium tax liability owed pursuant to Code Section 33-8-4 exceed $6 million for any 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, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer or business enterprise shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer or business enterprise intends to make to the student scholarship organization. The commissioner shall preapprove, deny, or prorate the requested amount within 30 days after receiving the request from the taxpayer or business enterprise and shall provide notice to the taxpayer or business enterprise and the student scholarship organization of such preapproval, denial, or proration which shall not require any signed release or notarized approval by the taxpayer or business enterprise. In order to receive a tax credit under this Code section, the taxpayer or business enterprise shall make the contribution to the student scholarship organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer or business

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enterprise does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection or the additional limitation specific to business enterprises prescribed in paragraph (1.2) of this subsection. The department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection or the additional limitation specific to business enterprises prescribed in paragraph (1.2) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (6) In addition to the reporting requirements in Code Section 20-2A-3, each student scholarship organization shall file an annual report with the department showing any fees or assessments retained by the student scholarship organization during the calendar year. (g)(1) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return or a business enterprise's tax return provided for in Code Section 33-8-6.
(2)(A) However, in the event the taxpayer files an electronic return permitted by this chapter, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. (B) With respect to a business enterprise's tax return provided for in Code Section 33-8-6, the Commissioner of Insurance is authorized to promulgate rules and regulations regarding the manner in which such letters of confirmation of donations shall be filed in the case of tax returns filed electronically. (3) The letter of confirmation of donation shall contain the taxpayer's or business enterprise's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit.

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(h)(1) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer or business enterprise as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible pre-kindergarten student shall be excluded from taxable net income for Georgia income tax purposes. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2022; provided, however, that Part II of this Act shall become effective on January 1, 2023, and shall be applicable to all taxable years beginning on or after January 1, 2023.

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

Approved April 28, 2022.

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EDUCATION PROVIDES FOR MANDATORY COURSE OF INSTRUCTION IN FINANCIAL LITERACY FOR STUDENTS IN ELEVENTH OR TWELFTH
GRADE; CREATES GEORGIA COMMISSION ON CIVICS EDUCATION.

No. 723 (Senate Bill No. 220).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a mandatory course of instruction in financial literacy for students in eleventh or twelfth grade; to require the State Board of Education to establish content standards for such course; to allow for such course to count toward a mathematics, social studies, or elective unit of credit requirement for graduation; to require the Professional Standards Commission to establish appropriate requirements and procedures to provide for qualifications for teachers of such course; to provide for a financial literacy endorsement by the Professional Standards Commission; to create the Georgia Commission on Civics Education; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement

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of members of the commission; to provide for a short title; to provide for legislative intent; 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:

PART I SECTION 1-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 6 of Chapter 2, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-149.4. (a) The State Board of Education shall adopt content standards for a minimum course of instruction in financial literacy to be completed by students in eleventh or twelfth grade. (b) Beginning in the 2024-2025 school year, each local board of education shall require all students, as a condition of graduation, during their eleventh or twelfth grade years to complete at least a half-credit course in financial literacy which implements the minimum course of instruction based on the content standards prescribed pursuant to subsection (a) of this Code section. Such course of instruction may be provided within the framework of existing coursework offered by a local school system. Such course of instruction shall be eligible to count toward a mathematics, social studies, or elective unit of credit requirement for graduation."

SECTION 1-2. Said chapter is further amended in Subpart 1 of Part 6 of Article 6, relating to certificated professional personnel, by adding a new paragraph to subsection (b) of Code Section 20-2-200, relating to regulation of certificated professional personnel by Professional Standards Commission, rules and regulations, and fees, to read as follows:
"(7) No later than January 1, 2023, the Professional Standards Commission shall establish appropriate requirements and procedures to ensure that educators meeting one or more of the following requirements shall be deemed appropriately licensed to teach financial literacy:
(A) Holds a renewable certificate at the secondary level in business, economics, mathematics, family and consumer science, or marketing; (B) Holds a special education certificate with social science content designations; or (C) Obtains a secondary level teaching endorsement in financial literacy, as designated by the Professional Standards Commission."

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SECTION 1-3. Said chapter is further amended in said subpart by adding a new Code section to read as follows:
"20-2-209. (a) No later than December 30, 2023, the Professional Standards Commission shall create a financial literacy endorsement for teachers trained in the content standards for financial literacy adopted by the State Board of Education pursuant to Code Section 20-2-149.4. (b) The Professional Standards Commission shall establish measures to assess the fidelity of teacher training and implementation for teachers who receive the financial literacy endorsement."

PART II SECTION 2-1.

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

"Part 10

20-14-95. (a) This part shall be known and may be cited as the 'The Georgia Civics Renewal Act.' (b) There is created the Georgia Commission on Civics Education. (c) It is the intent of the General Assembly that the commission shall promote and enhance the education of students on the importance of civic involvement in a constitutional republic, the study of state and local government among the state's citizenry, the importance of civic engagement and public service, and communication and collaboration among organizations in the state that conduct civics education.
(d)(1) The commission shall consist of 17 members comprising three members from the Senate appointed by the President of the Senate, with at least one member each from the Senate majority caucus and minority caucus; three members from the House of Representatives appointed by the Speaker of the House of Representatives, with at least one member each from the House of Representatives majority caucus and minority caucus; one Justice of the Supreme Court; the Attorney General or his or her designee; the State School Superintendent or his or her designee; one representative from the Georgia Chamber of Commerce; one representative from the Metro Atlanta Chamber of Commerce; one representative from the Association County Commissioners of Georgia; one representative from the Georgia Municipal Association; and four members appointed by the Governor, with one representative from the Georgia Center for Civic Engagement, two former or current government or civics teachers, and one other individual. (2) Vacancies in the commission shall be filled the same as the original appointments.

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(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission. (e) The Governor shall designate the chairperson of the commission. The chairperson shall serve as such concurrent with his or her term as a member of the commission. (f)(1) The commission shall periodically review the conditions, needs, issues, and problems related to civics education in Georgia schools, including, but not limited to, career, technical, and agricultural education (CTAE) instruction for the government and public administration and the law, public safety, corrections, and security pathways, and shall issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (2) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of the chairperson. The commission shall meet not less than two nor more than four times annually. (3) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to the Department of Education for this purpose. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually. (g) The head of the social studies program of the Department of Education shall report annually to the commission regarding the conditions, needs, issues, and problems of the program. Such report shall include a statement of efforts undertaken by the Department of Education to inform and encourage local school systems to recruit and utilize supplemental resources from appropriate local and community organizations which promote civics and civics education as among their primary purposes. (h) This part shall stand repealed on December 31, 2028."

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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 April 28, 2022.

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RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; EMPLOYMENT OF CERTAIN BENEFICIARIES BY LOCAL PUBLIC SCHOOL SYSTEMS.

No. 724 (House Bill No. 385).

AN ACT

To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits, so as to permit public school systems to employ certain beneficiaries of the Teachers Retirement System of Georgia as classroom teachers in a full-time capacity in an area of highest need determined for the Regional Education Service Agency to which such public school system is assigned; to require such employers to make employer and employee contributions on behalf of such employed beneficiaries; to provide for conditions and limitations for beneficiaries who return to service full time as teachers; to provide for a performance audit; to provide for related matters; to provide for a definition; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits, is amended by adding a new Code section to read as follows:

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"47-3-127.1. (a) From July 1, 2022, until June 30, 2026, notwithstanding the provisions of Code Section 47-3-127, to the extent and under the conditions provided for in this Code section, a public school system may employ a beneficiary who has obtained 30 years of creditable service in this retirement system in a full-time capacity as a certified teacher of pre-kindergarten through grade 12 who has as his or her primary responsibility the academic instruction of students in a classroom in an area of highest need determined for the RESA to which such public school system is assigned, provided that at least one year has expired from the effective date of such beneficiary's retirement and he or she was not restored to service as a teacher pursuant to Code Section 47-3-127 during such period of time.
(b)(1) An individual employed as described in subsection (a) of this Code section shall remain a beneficiary and shall continue to receive his or her retirement allowance and any postretirement benefit adjustments for which he or she is eligible; provided, however, that such service shall not constitute creditable service and shall not entitle such beneficiary to a recomputation of retirement benefits upon cessation of such service. (2) It shall be the duty of each beneficiary to notify an employer of his or her status as a beneficiary prior to accepting employment with such employer. (c)(1) Within 30 days of employing a beneficiary pursuant to this Code section, such employer shall notify the board of trustees of such beneficiary's name, the amount of his or her earnable compensation, a description of any other forms of remuneration to be made, the number of hours to be worked, job responsibilities, and other such information as the board of trustees may prescribe. (2) An employer that employs a beneficiary pursuant to subsection (a) of this Code section shall pay to the retirement system an amount equal to the product of:
(A) The combination of the rate required by this chapter for employer contributions and employee contributions; and (B) The earnable compensation of such beneficiary. (3) A beneficiary shall not receive creditable service from or access to contributions made as a result of payments required by paragraph (2) of this subsection, and he or she shall be considered by the retirement system solely as a beneficiary. (4) If an employer that is obligated to make contributions or reimbursements to the retirement system pursuant to this Code section fails to make such contributions, any unpaid amounts shall be deducted from any funds payable to such employer by the state, including without limitation the Department of Education and the Board of Regents of the University System of Georgia, and shall be paid to the retirement system. (d)(1) As used in this Code section, 'area of highest need' means one of the three content areas for which there are the greatest percentages of unfilled positions for classroom teachers in a RESA. (2) The areas of highest need shall be determined for each RESA annually by the Department of Education after consultation with the Professional Standards Commission.

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Such determinations shall be based upon a five-year average review of a survey reported by local school systems to the Department of Education. The areas of highest need for each RESA shall be reported to the retirement system on an annual basis beginning July 1, 2022, and ending July 1, 2025. (e) Prior to July 1, 2025, the state auditor shall conduct and publish a performance audit concerning the provisions of this Code section to include a determination of the value and necessity of the full-time employment of beneficiaries as permitted by this Code section, as well the effects of such employment on the local school systems, the Teachers Retirement System of Georgia, and the teacher workforce as a whole for this state. (f) The provisions of this Code section shall not become part of the employment contract and shall be subject to future legislation."

SECTION 2. This Act shall become effective on July 1, 2022, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2022, as required by subsection (a) of Code Section 47-20-50.

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

Approved April 28, 2022.

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EDUCATION NEEDS BASED FINANCIAL AID PROGRAM; ELIGIBILITY FOR STUDENTS WITH GAP AND PART-TIME STUDENTS; AWARDS LIMITS; UPDATES APPLICATION PROCESS; AUTHORIZES COMPLIANCE EXAMINATIONS BY GEORGIA STUDENT FINANCE COMMISSION; COMMISSION AUTHORIZED TO SUSPEND INSTITUTIONS FROM PROGRAM; REVISES CRIMINAL PENALTY; EVALUATIONS AUTHORIZED.

No. 725 (House Bill No. 1435).

AN ACT

To amend Subpart 2A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the needs based financial aid program, so as to include

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eligibility for students with a financial aid gap; to provide for definitions; to limit awards to undergraduate level postsecondary education; to provide for a maximum award amount; to update the application process for the program; to change the authorization to conduct compliance examinations from the state auditor to the Georgia Student Finance Commission; to provide for rules and regulations; to allow for eligibility of part-time students; to authorize the commission to suspend institutions from the program for failure to refund moneys in certain circumstances; to revise the criminal penalty for persons making false statements or misrepresentations in the application process; to provide for evaluation; to provide for related matters; to provide for automatic repeal; 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. Subpart 2A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the needs based financial aid program, is amended by revising Code Section 20-3-360, relating to definitions, as follows:
"20-3-360. As used in this subpart, the term:
(1) 'Eligible student' means a person: (A) Whose family income is considered economically disadvantaged, based on criteria established by the commission, or who has a financial aid gap; (B) Who meets any academic or other standards established by the commission; (C) Who is eligible for a scholarship or grant pursuant to Code Section 20-3-519.1; (D) Who has completed the Free Application for Federal Student Aid (FAFSA); and (E) Who has completed 80 percent of the credit requirements toward the credential of his or her program of study.
(2) 'Financial aid gap' means the monetary amount remaining after other funding, as determined by the commission, for the cost of attendance certified by a qualified institution. (3) 'Qualified institution' means an institution of the University System of Georgia, an institution of the Technical College System of Georgia, or a nonproprietary institution of higher education eligible for tuition equalization grants in accordance with subparagraph (A) of paragraph (2) of Code Section 20-3-411."

SECTION 2. Said subpart is further amended by revising Code Section 20-3-361, relating to grants, individualized eligibility criteria, and criteria for retention, as follows:
"20-3-361. Subject to appropriations, the commission shall establish a needs based financial aid program to provide grants to eligible students for undergraduate level postsecondary

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education at qualified institutions. The maximum award amount per eligible student shall be $2,500 in total. The commission may provide for individualized eligibility criteria and grant amounts as determined to be the most appropriate for the particular qualified institution and its student population in accordance with this subpart and the rules and regulations of the commission. The commission shall also establish criteria necessary for eligible students to retain and continue to receive such grants in accordance with this subpart."

SECTION 3. Said subpart is further amended by revising Code Section 20-3-362, relating to application, regulations, and refunds, as follows:
"20-3-362. Each eligible student wishing to receive a grant pursuant to this subpart shall submit a grant application in accordance with the rules, regulations, and procedures prescribed by the commission. The commission is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. In the event a student on whose behalf a grant is paid does not enroll as a full-time or part-time student for the academic semester for which the grant is paid, the qualified institution shall make a refund to the commission in accordance with the rules and regulations of the commission."

SECTION 4. Said subpart is further amended by revising Code Section 20-3-363, relating to examination of qualified institutions and purpose, as follows:
"20-3-363. Each qualified institution shall be subject to examination by the commission for the sole purpose of determining whether the institution has properly certified the cost of attendance, eligibility, and enrollment of students; accurately credited grants paid on behalf of such students; and properly complied with the rules and regulations established pursuant to this subpart; provided, however, that nothing in this subpart shall be construed to interfere with the authority of the institution to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that a qualified institution knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to such institution pursuant to such certification shall be refunded by such institution to the commission. The commission may suspend a qualified institution from receiving payments under this subpart if it fails to refund any moneys as required by this subpart."

SECTION 5. Said subpart is further amended by revising Code Section 20-3-364, relating to penalty for false statement or misrepresentation, as follows:

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"20-3-364. Any person applying for a grant under this subpart or assisting a person applying for a grant under this subpart who knowingly makes or furnishes any false statement or misrepresentation for the purpose of enabling an ineligible student to wrongfully obtain a grant under this subpart shall be guilty of a misdemeanor."

SECTION 6. Said subpart is further amended by adding a new Code section to read as follows:
"20-3-365. The commission shall collect and monitor enrollment and student record data for the needs based financial aid program established pursuant to this subpart. The commission shall annually measure and evaluate the program. Such evaluation shall include, but shall not be limited to, the total number of grants dispersed, the total dollar amount of grants dispersed, the total number of grants dispersed per qualified institution, and the total dollar amount of grants dispersed per qualified institution. The Office of Planning and Budget, the Department of Education, and qualified institutions shall cooperate with and provide data as necessary to the commission to facilitate the provisions of this Code section."

SECTION 7.
Said subpart is further amended by adding a new Code section to read as follows: "20-3-366. This subpart shall stand repealed by operation of law on June 30, 2025."

SECTION 8. 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 April 29, 2022.

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EDUCATION REPLACES GENERAL EDUCATIONAL DEVELOPMENT (GED) DIPLOMAS WITH HIGH SCHOOL EQUIVALENCY (HSE) DIPLOMAS; TECHNICAL COLLEGE SYSTEM OF GEORGIA TO UPDATE STANDARDS AND REQUIREMENTS FOR DIPLOMAS; REVISES PROVISIONS RELATED TO HOPE GED VOUCHERS.

No. 726 (Senate Bill No. 397).

AN ACT

To amend Titles 15, 20, 25, 40, 42, and 43 of the Official Code of Georgia Annotated, relating to courts, education, fire protection and safety, motor vehicles and traffic, penal institutions, and professions and businesses, respectively, so as to update and replace terminology related to general educational development (GED) diplomas; to provide for state approved high school equivalency (HSE) diplomas; to update the minimum standards and requirements for such diplomas to be established by the Technical College System of Georgia; to revise provisions related to HOPE GED vouchers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, related to courts, is amended by replacing "general educational development (GED)" with "state approved high school equivalency (HSE)" in Code Section 15-10-22, relating to qualifications and restrictions on the practice of law for magistrates.

SECTION 2. Title 20 of the Official Code of Georgia Annotated, related to education, is amended by replacing "general educational development" or "general educational development (GED)" with "state approved high school equivalency (HSE)" wherever either of the former phrases occur in:
(1) Code Section 20-2-69, relating to requirements and procedures for issuing and awarding high school diplomas to honorably discharged World War II Veterans; (2) Code Section 20-2-70, relating to requirements and procedures for issuing and awarding high school diplomas to honorably discharged Korean Conflict and Vietnam Conflict veterans; (3) Code Section 20-2-204, relating to paraprofessional and permitted personnel and classification of all certified or permitted personnel;

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(4) Code Section 20-2-690, relating to educational entities, requirements for private schools and home study programs, and learning pod protection; (5) Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16; (6) Code Section 20-3-66, relating to determination of in-state resident status of students for tuition or fees; (7) Code Section 20-3-395, relating to definitions relative to direct loans to students on the basis of need and merit; (8) Code Section 20-3-400.1, relating to definitions relative to graduate on time loans; (9) Code Section 20-3-405.1, relating to definitions relative to education for public service student loan; (10) Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities; (11) Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship and award amount; and (12) Code Section 20-3-660, relating to tuition waiver program for qualifying foster and adopted individuals.

SECTION 3. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraph (13.1) as follows:
"(13.1) 'HOPE HSE voucher' means a Helping Outstanding Pupils Educationally state approved high school equivalency (HSE) voucher issued in accordance with Code Section 20-3-519.6."

SECTION 4. Said title is further amended by revising Code Section 20-3-519.6, relating to HOPE GED vouchers, as follows:
"20-3-519.6. Subject to the amounts appropriated by the General Assembly and provisions relating to the shortfall reserve in Code Section 50-27-13, a HOPE HSE voucher shall be available to each eligible student who receives pre-certification from the Department of Technical and Adult Education, now known as the Technical College System of Georgia (TCSG), to take an approved examination seeking a diploma through the high school equivalency (HSE) program. TCSG, upon issuance of a voucher in accordance with this paragraph, shall invoice the Georgia Student Finance Commission in accordance with rules, regulations, and instructions of the commission providing for identification of each student and compliance with this program."

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SECTION 5. Said title is further amended in Code Section 20-4-11, relating to the powers of the state board of the Technical College System of Georgia, by revising division (2)(B)(ii) as follows:
"(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 by a nationally recognized college and career readiness standard for adult education. 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"

SECTION 6. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by replacing "general education development equivalency" with "state approved high school equivalency (HSE) diploma" in Code Section 25-4-8, relating to qualifications of firefighters generally.

SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by replacing "general educational development (GED)" with "state approved high school equivalency (HSE)" in Code Section 40-5-22, relating to requirements for issuance of instruction permit or driver's license to person under 18 years of age, authority of department to issue or renew a driver's license, probationary license, limited driving permit, or ignition interlock device limited driving permit.

SECTION 8. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by replacing "the general educational development (GED)" with "a state approved high school equivalency (HSE)" in Code Section 42-3-50, relating to definitions relative to community service and assignment of community service for personal gain prohibited.

SECTION 9. Said title is further amended by replacing "general educational development (GED)" with "state approved high school equivalency (HSE)" wherever the former phrase occurs in:
(1) Code Section 42-9-44, relating to terms and conditions of parole, adoption of general and special rules, violation of parole, and certain parolees or releasees to obtain high school diploma or general educational development (GED) diploma; and (2) Code Section 42-9-45, relating to general rule-making power relative to grants of pardons, paroles, and other relief.

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SECTION 10. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by replacing "GED", "general education development", "general educational development", or "general educational development (GED)" with "state approved high school equivalency (HSE)" wherever any of the former phrases occur in:
(1) Code Section 43-6-11, relating to qualifications of applicants for auctioneer's licenses; (2) Code Section 43-10-2, relating to creation of the board of cosmetology and barbers, members, meetings, officers, and powers; (3) Code Section 43-10-9, relating to application for certificate of registration for barbers and cosmetologists; (4) Code Section 43-10-12, relating to regulation and licenses for schools, teachers, and instructors, registration of apprentices, and certification as teacher by Department of Education relative to barbers and cosmetologists; (5) Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants; (6) Code Section 43-18-50, relating to application for funeral service apprenticeship and period of apprenticeship; and (7) Code Section 43-26-38, relating to license by endorsement and temporary permit for licensed practical nurses.

SECTION 11. Said title is further amended by replacing "general educational development (GED) equivalency" with "state approved high school equivalency (HSE)" in Code Section 43-10A-7, relating to licensing requirement and exceptions for professional counselors, social workers, and marriage and family therapists.

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

Approved April 29, 2022.

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LABOR AND INDUSTRIAL RELATIONS CHANGES CERTAIN PROVISIONS RELATING TO STATE EMPLOYMENT SERVICE AND EMPLOYMENT SECURITY ADMINISTRATION FUND.

No. 727 (House Bill No. 1331).

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 to the State Employment Service and the Employment Security Administration Fund; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 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:
"34-8-52. As used in this chapter, the term 'Governor's designee' means one or more departments, boards, commissions, or agencies or the elected or appointed heads of such departments, boards, commissions, or agencies of this state selected by the Governor."

SECTION 2. Said title is amended by revising Code Section 34-8-77, relating to the creation and financing of the State Employment Service, cooperation with federal agencies, and the authority to establish and maintain free public employment offices, as follows:
"34-8-77. (a) The State Employment Service is established as a program administered on behalf of the State of Georgia by the Governor's designee. The Governor's designee shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of the state fulfilling such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49, as amended. The Governor's designee is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the federal Wagner-Peyser Act and to do and perform all things necessary to secure to this state the benefits of that act in the promotion and maintenance of a system of public employment offices. The provisions of the federal Wagner-Peyser Act are accepted by this state, in conformity with Section 4 of that act, and this state will observe and comply with the requirements thereof. The United States secretary of labor shall be notified as to the

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Governor's designee that shall serve as the designated and constituted agency of this state for the purposes of the federal Wagner-Peyser Act. (b) For the purpose of establishing and maintaining free public employment offices, the Governor's designee is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of any unemployment compensation law, with the department or with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Governor's designee may accept moneys, services, or quarters as a contribution."

SECTION 3. Said title is amended by revising Code Section 34-8-81, relating to creation of Employment Security Administration Fund, sources of money for fund, and management and control of moneys, as follows:
"34-8-81. (a) There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with this chapter and shall not lapse at any time or be transferred to any other fund except as provided in this Code section and shall not be subject to Article 4 of Chapter 12 of Title 45. All moneys which are deposited or paid into this fund for the purposes described in Code Section 34-8-77 shall be continuously available to the Governor's designee for expenditure in accordance with the purposes described in such Code section and shall be transferred by the Commissioner at the discretion of such Governor's designee. All moneys in this fund, except money received under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Code Section 34-8-77 shall be expended solely for the purposes and in the amounts found necessary by the United States secretary of labor for the proper and efficient administration of this chapter. (b) The fund shall consist of all moneys appropriated by this state for the purposes described in Code Section 34-8-77; all moneys received from the United States or any agency thereof, including the United States secretary of labor; all moneys, except funds appropriated pursuant to Code Section 34-8-92, received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter.

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(c) All moneys in this fund shall be deposited, administered, and disbursed in the manner and under the conditions and requirements provided under this chapter, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository laws of this state, and collateral pledged shall be maintained in a separate custody account. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Employment Security Administration Fund provided for under this chapter. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in the fund. (d) Notwithstanding any provision of this Code section, all money requisitioned and deposited in this fund under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, shall remain part of the Unemployment Trust Fund and shall be used only in accordance with conditions specified in Code Section 34-8-85."

SECTION 4. Said title is amended by revising Code Section 34-8-82, relating to state reimbursement of Employment Security Administration Fund for moneys lost, wrongfully expended, or overexpended, as follows:
"34-8-82. This state recognizes its obligation to replace and declares it to be the policy of this state that funds will be provided in the future and applied to the replacement of any moneys received from the United States secretary of labor or the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province under Title III of the federal Social Security Act; any unencumbered balances in the Employment Security Administration Fund as of that date; any moneys thereafter granted to this state pursuant to the provisions of the federal Wagner-Peyser Act; and any moneys made available by the state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the federal Wagner-Peyser Act, which the United States secretary of labor or other responsible federal official finds, because of any action or contingency, have been lost or have been expended for purposes other than or in amounts in excess of those found necessary by the United States secretary of labor or other responsible federal official. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the Employment Security Administration Fund for expenditure as provided in Code Section 34-8-81. The Commissioner or the Governor's designee, as may be applicable, shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for such replacement."

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

Approved April 29, 2022.

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EDUCATION ESTABLISHMENT OF PROGRAM TO PROMOTE CREATION AND EXPANSION OF REGISTERED APPRENTICESHIP PROGRAMS BY TECHNICAL COLLEGE SYSTEM OF GEORGIA STATE BOARD.

No. 728 (Senate Bill No. 379).

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 establish a program to promote the creation and expansion of registered apprenticeship programs in the state; to provide the purpose of such program; to authorize the board to enter into contracts with employer sponsors for the successful completion of the education, training, and other requirements of apprentices in Georgia; to provide application requirements and procedures; to authorize contract completion awards; to require the board to create and publish a list of high-demand jobs in Georgia; to require a report; to authorize the acceptance of grants and other funds; to provide for definitions; to provide for rules and regulations; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by adding a new article to read as follows:

"ARTICLE 7

20-4-150. As used in this article, the term:
(1) 'Apprentice' means a person who is at least 15 years of age, except where a higher minimum age is required by law, who is employed in an eligible apprenticeable occupation, and is registered in Georgia with the United States Department of Labor Office of Apprenticeship.

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(2) 'Apprenticeable occupation' means an occupation approved for apprenticeship by the United States Department of Labor Office of Apprenticeship. (3) 'Apprenticeship program' means a program registered with the United States Department of Labor Office of Apprenticeship that includes terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, including the requirement for a written apprenticeship agreement. (4) 'Apprenticeship sponsor' means:
(A) Any entity operating an apprenticeship program; or (B) Any entity in whose name an apprenticeship program is being operated that is registered with or approved by the United States Department of Labor Office of Apprenticeship. (5) 'Board' means the State Board of the Technical College System of Georgia. (6) 'Eligible apprenticeable occupation' means an apprenticeable occupation identified by the Office of Workforce Development pursuant to Code Section 20-4-152 as a high-demand job. (7) 'Employer sponsor' means an employer that coordinates with or is an apprenticeship sponsor and employs and trains an apprentice. (8) 'Office of Workforce Development' means the Technical College System of Georgia's Office of Workforce Development.

20-4-151. (a) Subject to appropriations of funds by the General Assembly for this purpose, the board, in coordination with the Department of Labor, the Department of Economic Development, the Department of Education, and the Office of Planning and Budget, shall establish and administer a program through the Office of Workforce Development to be called the High-demand Career Initiatives Program. The purpose of the program is to incentivize apprenticeship sponsors to establish new or grow existing registered apprenticeship programs in Georgia in order to support the growth of apprenticeship programs and expand high-quality work-based learning experiences in high-demand fields and careers for persons in Georgia. (b) An employer sponsor may apply to the board for the opportunity to enter into a contract to perform the requirements of conducting an apprenticeship program for a specific apprentice. Such contract shall require the employer sponsor's apprentice to successfully complete an apprenticeship program. (c) The board shall provide upon request and on the Technical College System of Georgia's website information about the program, the application, application instructions, and the application period established each year for contracts for services available under the program. (d) Upon successful completion of the requirements of a contract under this article, the board shall provide a contract completion award to the employer sponsor. The contract completion award amount shall be determined based on the number of hours of education

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and training required for the successful completion of the apprenticeship under such apprenticeship program but shall not exceed $10,000.00 per apprentice. (e) Each employer sponsor shall only be eligible to enter into contracts under this article for up to five apprentices per year. (f) An apprenticeship sponsor may assist with the application for and completion of an apprenticeship contract authorized by this article.

20-4-152. (a) The board, in coordination with the Office of Workforce Development, shall create annually and publish on its website a list of high-demand jobs state wide for purposes of the High-demand Career Initiatives Program. (b) The Office of Workforce Development shall publish and maintain criteria for the selection of high-demand jobs eligible for the High-demand Career Initiatives Program.

20-4-153. (a) The Office of Workforce Development shall annually report on its website the following information:
(1) The total amount of compensation awarded under this article; (2) The amount of compensation awarded in each field of high-demand jobs; (3) The total number of contracts entered into and the number of contracts completed; (4) The total number of contracts entered per eligible occupation and the number of those completed; (5) The total amount awarded overall with respect to each eligible occupation; (6) The total number of apprentices who attended an institution of the Technical College System of Georgia during the course of his or her apprenticeship program; and (7) The total number of apprentices who did not attend an institution of the Technical College System of Georgia during the course of his or her apprenticeship program. (b) Each apprenticeship sponsor shall fully cooperate in providing statistical information requested by the board or, at the board's discretion, be excluded from participating in the High-demand Career Initiatives Program.

20-4-154. The board shall adopt rules and regulations establishing a staff review and application approval process, application scoring criteria, the minimum score necessary for approval of a contract, the terms of agreement between an employer sponsor and the board, and any other rules deemed necessary for the implementation and administration of this article.

20-4-155. To assist in carrying out this article, the State Board of the Technical College System of Georgia is authorized to accept grants of money, materials, services, or property of any kind from a federal agency, private agency, corporation, or individual.

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20-4-156. This article shall stand repealed on July 1, 2027."

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

Approved April 29, 2022.

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COMMERCE AND TRADE LITIGATION BAR ON GOVERNMENTAL ENTITIES REGARDING CERTAIN STATE-WIDE OPIOID LITIGATION.

No. 729 (Senate Bill No. 500).

AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to provide for a litigation bar on governmental entities regarding certain state-wide opioid litigation; to provide for legislative findings and intent; to provide for definitions; to provide for applicability; 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 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by adding a new chapter to read as follows:

"CHAPTER 13B

10-13B-1. The General Assembly finds that:
(1) There is an opioid epidemic occurring in the United States, and the State of Georgia has been greatly impacted; (2) State-wide coordination surrounding and managing opioid addiction and related disorders is critical to the health and safety of all Georgians; (3) Funding is needed in the state for, among other things, prevention and treatment of opioid addiction and related disorders; providing resources to law enforcement agencies

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to address the opioid crisis; increasing the number of professionals who provide treatment for opioid addiction; educating medical professionals regarding the safe and effective prescribing of, and then tapering off of, opioids; and treatment and prevention of opioid use disorder in incarcerated populations; (4) It is imperative that the state receive the full amount of any opioid settlement, and in order to do so, the state must be able to release claims for all state and local public bodies and instrumentalities in the state; and (5) While local governments generally have the authority to pursue and litigate claims against businesses and individuals to protect their own interests, in certain limited circumstances involving particular industries, the interests of the state as a whole are best served by having a unified settlement structure that benefits both the state and its local governments and brings full and complete closure to the claims that were asserted or could have been asserted and maximizes the state and local governments' potential recovery to address this extraordinary crisis.

10-13B-2. (a) As used in this chapter, the term:
(1) 'Governmental entity' means: (A) This state and each of its departments, agencies, divisions, boards, commissions, authorities, and instrumentalities; and (B) A political subdivision or creation of this state, including a county, municipality, special district, county and independent school systems, community service board, authority, any county or state officeholder, and any other public officeholder or public entity that has asserted or could assert a claim for damages as a result of the manufacture, marketing, sale, dispensing, or distribution of opioids.
(2) 'Released claim' means a claim by a governmental entity that has been or could have been released under a state-wide opioid settlement agreement. (3) 'Released entity' means an entity against which a claim has been released under a state-wide opioid settlement agreement. (4) 'State-wide opioid settlement agreement' means any settlement agreement and related documents that:
(A) Are entered into by this state through the Attorney General with opioid manufacturers, distributors, retailers, labelers, marketers, pharmacies, or other entities concerning the use or prescription of opioid products; (B) Relate to illegal or tortious conduct in the manufacturing, marketing, promotion, sale, distribution, or dispensing of opioids; (C) Are entered into by the State on or after March 31, 2021; (D) Provide a mechanism which permits governmental entities to join into such settlement agreement; and (E) Are the subject of a memorandum of understanding or similar agreement entered into by both the Attorney General and at least 65 percent of the governmental entities

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which have active and pending litigation against one or more released entities identified in the settlement agreement as of the date when governmental entities are first permitted to join such settlement agreement.

10-13B-3. (a) Entry into a state-wide opioid settlement agreement shall serve to bar any and all past, present or future claims on behalf of any governmental entity seeking to recover against any business or person that is a released entity under the terms of the relevant settlement. Such bar shall apply to any and all released claims or suits by any governmental entity created by or pursuant to an Act of the General Assembly, the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive or any other relief. No such claim barred by this Code section shall be brought, threatened, asserted or pursued in any way in any court, and any such claim shall be dismissed by the court in which the claim is brought. (b) The bar provided for in subsection (a) of this Code section shall not apply to a bellwether claim of any governmental entity, provided that such claim:
(1) Is brought in the proceedings titled In re: National Prescription Opiate Litigation, Case No.: MDL 2804 as bellwether claims that are to be tried in a bellwether trial; (2) Is selected by the court in In re: National Prescription Opiate Litigation, Case No.: MDL 2804 as a bellwether claim to be tried in a bellwether trial; and (3) Is brought against defendants selected as bellwether defendants in a bellwether trial. (c) The bar provided for in subsection (a) of this Code section shall become active and effective upon the filing of a consent order by the state that attests to and evidences that a state-wide opioid settlement agreement has been reached, and that the parameters of this chapter have been met."

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 2, 2022.

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COURTS BLUE RIDGE JUDICIAL CIRCUIT; ADDITIONAL SUPERIOR COURT JUDGE.

No. 736 (House Bill No. 56).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for an additional judge of the superior court of the Blue Ridge Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to require candidates for such judgeships to designate the seat for which they are running; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties included in such circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the designation of a chief judge; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties included in such circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (6) as follows:
"(6) Blue Ridge Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4"

SECTION 2. The additional judge of the superior court of the Blue Ridge Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning January 1, 2023, and expiring December 31, 2024, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2024, there shall be elected a successor to such additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2025, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Such judges shall take office on the first day of January following the date of their election. Such

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elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 3. Every person who offers for election as one of the judges of such superior court of the Blue Ridge Judicial Circuit shall designate with the proper authority in all general elections the specific seat for which such person offers by naming the incumbent judge whom he or she desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such designated judgeship and no other. In the event that there is no incumbent judge in the seat for which such person desires to offer, the person shall qualify by announcing his or her intention to run for the office for which there is no incumbent.

SECTION 4. The additional judge of the superior court of the Blue Ridge Judicial Circuit provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of such court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising such circuit shall be the same as that of other judges of the superior court of the Blue Ridge Judicial Circuit. The salary supplements enacted by the county comprising such circuit for the present superior court judges of such circuit shall also be applicable to the additional judge provided by this Act.

SECTION 6. All writs and processes in the superior court of the Blue Ridge Judicial Circuit shall be returnable to the terms of such superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such court shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the four judges of such circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior court and to direct and conduct all hearings and trials in such court.

SECTION 7. Upon and after qualification of the additional judge of the superior court of the Blue Ridge Judicial Circuit, the four judges of the superior court of the Blue Ridge Judicial Circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance

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with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, the judges shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior court of such circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in such court so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 9. The four judges of the superior court of the Blue Ridge Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of such circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be held and determined before the same or any other judge of such circuit. Any judge of such court may preside over any cause therein and perform any official act as judge thereof.

SECTION 11. The governing authority of the county comprising the Blue Ridge Judicial Circuit shall provide the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

SECTION 12. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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SECTION 13. This Act shall become effective for the purpose of appointing the additional judge upon its approval by the Governor or upon its becoming law without such approval and for all other purposes on January 1, 2023.

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

Approved May 2, 2022.

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MOTOR VEHICLES AND TRAFFIC ESTABLISHES SPECIALTY LICENSE PLATE BENEFITING TYBEE ISLAND HISTORICAL SOCIETY.

No. 737 (House Bill No. 203).

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 to benefit the Tybee Island Historical Society; to provide for related matters; to provide for compliance with constitutional requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting 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:
"(68) A special license plate supporting the Tybee Island Historical Society. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Tybee Island Historical Society."

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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. 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 2, 2022.

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MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; INCREASES FEES FOR REPLACEMENT LICENSES AND PERMITS.

No. 738 (House Bill No. 246).

AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to increase the fee for issuance of replacement licenses and permits; to increase the fee for the issuance and renewal of limited driving permits; 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 40-5-31, relating to replacement permits or licenses, by revising subsection (a) as follows:
"(a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
(1) Obtain a new permit or license; or (2) Obtain a replacement permit or license.

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A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $10.00, and no examination or eyesight test shall be required to obtain such replacement permit."

SECTION 2. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsection (e) as follows:
"(e) Fees, duration, renewal, and replacement of limited driving permit. (1) A limited driving permit issued pursuant to this Code section shall be $32.00 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 $10.00. 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. (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."

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

Approved May 2, 2022.

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RETIREMENT AND PENSIONS PROBATE COURT JUDGE RETIREMENT BENEFITS; REVISES METHOD FOR DETERMINING CERTAIN ACTUARIAL EQUIVALENTS.

No. 739 (House Bill No. 263).

AN ACT

To amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to amount of retirement benefits for judges of the probate courts, optional retirement benefits, and manner in which persons not eligible for maximum benefits at retirement may become eligible, so as to revise the method through which certain actuarial equivalents are determined; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to amount of retirement benefits for judges of the probate courts, optional retirement benefits, and manner in which persons not eligible for maximum benefits at retirement may become eligible, is amended in subsection (b) by revising paragraph (1) as follows:
"(b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of the spouse. In any

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event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed using an interest rate and current mortality table adopted by the board. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits."

SECTION 2. This Act shall become effective on July 1, 2022, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2022, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 2, 2022.

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INSURANCE REVENUE AND TAXATION PROHIBITS INSURERS FROM CANCELLING, MODIFYING COVERAGE, REFUSING TO ISSUE, OR REFUSING TO RENEW LIFE INSURANCE POLICIES DUE TO DONATION OF LIVER, PANCREAS, KIDNEY, INTESTINE, LUNG, OR BONE MARROW; REVISES INCOME TAX DEDUCTION BASED ON SUCH DONATION.

No. 740 (House Bill No. 275).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to prohibit insurers from cancelling, modifying coverage, refusing to issue, or refusing to renew life insurance policies solely because the applicant or insured donated a liver, pancreas, kidney, intestine, lung, or bone marrow; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of state taxable net income, so as to revise an income tax deduction based on a taxpayer's living donation of all or part of his or her liver, pancreas, kidney, intestine, lung, or bone marrow; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

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SECTION 1. This Act shall be known and may be cited as the "Giving the Gift of Life Act."

SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-6-5, relating to other unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, by adding a new paragraph to read as follows:
"(8.1) No insurance company shall cancel, modify coverage, refuse to issue, or refuse to renew any life insurance policy solely because the applicant or insured, acting as a living organ donor, donated all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow, provided that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract;"

SECTION 3. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of state taxable net income, is amended by revising subparagraph (a)(13)(A) as follows:
"(13)(A) An amount equal to the actual amount expended for organ donation expenses not to exceed the amount of $25,000.00 incurred in accordance with the 'National Organ Procurement Act.'"

SECTION 4. This Act shall become effective on July 1, 2022, and shall be applicable to taxable years beginning on or after such date.

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

Approved May 2, 2022.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TELEPHONE SERVICE; RIGHT OF WAY PERMIT FEES AND USE FEES TO MUNICIPALITIES.

No. 741 (House Bill No. 328).

AN ACT

To amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service general provisions, so as to establish a one-time right of way permit fee and reduce annual right of way use fees as due compensation paid to municipal authorities by telephone companies that do not have retail, end user customers located within the boundaries of the municipal authority; to provide certain notice requirements; to establish a civil penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service general provisions, is amended by revising Code Section 46-5-1, relating to the exercise of power of eminent domain by telephone companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telephone companies for damages, required information, and due compensation, as follows:
"46-5-1. (a)(1) Any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraphs (9) and (19) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not:

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(A) Require any telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (4) Whenever a telephone company exercises its powers under paragraph (1) of this subsection, the posts, arms, insulators, and other fixtures of its lines shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the company's option, through any affiliated companies and through the use of any technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. The obligations required pursuant to paragraph (2) of Code Section 46-5-169 shall not apply to a telephone company that has elected alternative regulation pursuant to Code Section 46-5-165 and does not receive distributions from the Universal Access Fund as provided for in Code Section 46-5-167. (b)(1) Except as set forth in paragraph (6) of this subsection, any telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: (A) The name, address, and telephone number of a principal office and local agent of such telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state;

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(C) Proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telephone company may, in lieu of or as a supplement to a written description, provide a map on 8 1/2 by 11 inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telephone company within 15 business days of the receipt of such application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given at least 20 days prior to the effective date of such change. Such notification shall contain a geographic description of the new service area or areas and new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telephone company by submitting a notice of termination to the affected municipal

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authority. For purposes of this Code section, such notice shall identify the telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authority's occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telephone company except as set forth in paragraphs (8), (9), (11), (17), and (19) of this subsection. (7) Any telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such municipal authority on or before October 1, 2008. As of October 1, 2008, if any telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with this subsection. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief.
(8)(A) In the event any telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means

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those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included:
(A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue,, which shall include message revenue, such as that which is coin paid, and other revenue derived from public and semi-public telephone services provided within the basic service area; (E) Local private line revenue, as defined in 47 C.F.R. 32.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other basic area revenue, as defined in 47 C.F.R. 32.5060(a)-(b); (G) Network access revenue, as defined in 47 C.F.R. 32.4999; (H) Directory revenue, as defined in 47 C.F.R. 32.5230; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (I) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from private lines shall not be included; and (J) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) or (19) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq., or any other provision of law regardless of nomenclature; provided, however, that nothing in this paragraph shall prohibit municipal authorities from imposing fees for wireless facilities, wireless support structures, collocations, or modifications that are not prohibited by Code Section 36-66B-7 or from imposing rates or fees that are permitted by Code Sections 36-66B-5 and 36-66C-5. (11) A telephone company with facilities in the public rights of way of a municipal authority shall begin assessing on subscribers due compensation, as defined in paragraph (9) of this subsection, on the date that service commences unless such company is currently paying a municipal authority's occupational license tax. Due compensation as defined in paragraph (19) of this subsection shall begin to accrue starting on the date the telephone company completes installation of the facilities in the public rights of way of a municipal authority that are subject to paragraph (19) of this

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subsection. Due compensation under paragraphs (9) and (19) of this subsection shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the party's own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authority's reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) If, after a municipal authority provides written notice under paragraph (11), any telephone company fails to comply with the due compensation requirements of paragraph (9) or (19) of this subsection for four or more consecutive quarters, such telephone company shall be subject to a civil penalty; provided, however, that the penalty shall be imposed within three years following the end of the first quarter in which the

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telephone company failed to comply with such requirements and shall not exceed ten percent of the total due compensation owed and unpaid to the municipal authority since the inception of the three-year period. The municipal authority issuing the penalty may suspend the telephone company's ability to receive any new permits from the municipal authority until the telephone company has paid the amount assessed for the civil penalty and unpaid due compensation; provided, however, that the municipal authority shall not suspend such ability of any telephone company that has deposited the amount of the penalty and unpaid due compensation in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction. (14) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Article 4 of Chapter 18 of Title 50. It shall be the duty of such telephone company to mark all such documents as exempt from Article 4 of Chapter 18 of Title 50, and the telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (15) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (16) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (17) A telephone company paying due compensation pursuant to this Code section may designate that portion of a subscriber's bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (18) Nothing in this Code section shall affect the authority of a municipal authority to require telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (19) If a telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the following shall apply:
(A) Payment by such company at the same rates that such payments were being made as of January 1, 2013, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that effective January 1, 2023, for telephone companies that provide any broadband services to any location within the boundaries of a municipal authority, payment at the rate of 5 per linear foot annually shall be considered due compensation, and for telephone companies that do not provide any broadband services to any location within the boundaries of a municipal authority, payment at the rate of 19 per linear foot annually shall be

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considered the payment of due compensation. As used in this subparagraph, the term 'broadband services' shall have the same meaning as provided in Code Section 50-40-1; (B) In addition to the annual rate under subparagraph (A) of this paragraph, due compensation may also include a one-time permit application processing fee not to exceed the lesser of the municipal authority's actual and reasonable direct costs for administration of the telephone company's use of the right of way or $100.00; and (C) Any telephone company that is paying due compensation under paragraph (9) of this subsection shall not be required to pay the fees set forth in this paragraph. (20) Nothing in this Code section shall be construed to affect any franchise fee or due compensation payments which were in dispute on or before December 31, 2022. (21) If a telephone company paying due compensation pursuant to paragraph (9) will begin paying due compensation pursuant to paragraph (19), or vice versa, such telephone company shall notify the municipal authority of this change in writing, no less than ten calendar days prior to the end of the first quarter in which the new due compensation payments are to be assessed or begin accruing. (c) If a telephone company accesses the public roads and highways and rights of way of a county and such county requires such telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such county's direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such county's roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42."

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

Approved May 2, 2022.

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GUARDIAN AND WARD PROVIDES FOR WHEN PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN OF MINOR MAY BE TRANSFERRED FROM PROBATE COURT TO JUVENILE COURT.

No. 742 (House Bill No. 464).

AN ACT

To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for when a petition for the appointment of a temporary guardian of a minor filed in the probate court may be transferred from the probate court to the juvenile court; to revise the assessment of certain costs, compensation, fees, and expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (f) of Code Section 29-2-6, relating to parental consent to temporary guardianship, failure to consent, and minor's preference, as follows:
"(f)(1) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interests of the minor, as determined in accordance with Code Section 15-11-26 and other applicable Georgia law. As to the selection of the temporary guardian, the preference of the minor may be heard. (2) In all proceedings under this Code section, the court may, in its discretion, enter an order transferring the petition to the juvenile court, which shall, after notice and hearing, determine whether the temporary guardianship is in the best interests of the minor. (3) Notwithstanding subsection (a) of this Code section, an order by the court transferring the petition to the juvenile court pursuant to paragraph (2) of this subsection shall be a proper order of the court under paragraph (4) of Code Section 15-11-11."

SECTION 2. Said title is further amended by revising Code Section 29-9-3, relating to assessment of costs, compensation, fees, and expenses, factors determining allocation of fees and costs, and enforcement of award of costs, compensation, fees, and expenses, as follows:
"29-9-3. (a) Except as otherwise ordered by the court under paragraph (2) of subsection (a) of Code Section 29-4-10, under paragraph (2) of subsection (a) of Code Section 29-5-10, or under subsection (b) of Code Section 29-11-16, and except as otherwise provided in subsection (a) of Code Section 9-12-135, all costs of court under Code Sections 15-9-60

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and 15-9-126 or other applicable law and all compensation, fees, and expenses awarded by the court under subsections (a) and (b) of Code Section 29-9-15, under Code Section 29-9-16, or under subsection (b) of Code Section 29-9-18, may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding as provided in subsections (b) and (c) of this Code section. (b) In any proceeding for the appointment of a guardian or conservator pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the proceeding, considering the following:
(1) The estate of the minor or ward for whom a guardian or conservator is appointed in such proceeding; (2) The conduct of the petitioners in any such proceeding in which no guardianship order or conservatorship order is entered by the court; (3) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), or (4) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (4) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (5) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward. (c) In all proceedings pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title other than for the appointment of a guardian or conservator, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding, considering the following: (1) The estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward; (2) The conduct of the petitioners or movants in any such proceeding;

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(3) The conduct of a guardian or conservator or the surety on such guardian's or conservator's bond, subject to other applicable law governing the liability of sureties on such bonds, in any such proceeding, if:
(A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law; (B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty; (C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or (D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward; (4) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (5) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (6) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward. (d) An award of costs, compensation, fees, and expenses under this Code section may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt. (e) For purposes of paragraph (4) of subsection (b) and paragraph (5) of subsection (c) of this Code section, 'abuse, neglect, or exploitation' shall include, but shall not be limited to, the following when committed by an identified perpetrator against the person or property of the minor, proposed ward, or ward: (1) Conduct for which an additional civil penalty has been imposed under Code Section 10-1-851 after consideration of the factors enumerated in Code Section 10-1-852; (2) Conduct giving rise to a cause of action under Code Section 10-1-853; (3) Abuse, child abuse, coercion, deception, emotional abuse, exploitation, isolation, sexual abuse, or sexual exploitation as such terms are defined in Code Sections 15-11-2, 16-5-100, 16-5-102.1, 30-5-3, and 49-5-40; (4) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46;

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(5) Conduct in violation of Code Section 16-5-70, 16-5-72, 16-5-102, 16-12-1, 16-12-100.1, 16-12-100.2, or 30-5-8; (6) Conduct constituting neglect within the meaning of Code Section 16-5-101 or 30-5-3; (7) A serious violent felony as such term is defined in Code Section 17-10-6.1; (8) A sexual offense as such term is defined in Code Section 17-10-6.2; and (9) Conduct giving rise to a report, investigation, or hearing in accordance with Code Section 30-5-4, 30-5-5, or 31-7-9. For purposes of this paragraph, a probate court acting under this Code section is a court of competent jurisdiction as provided for in subsection (a) of Code Section 30-5-7."

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

Approved May 2, 2022.

__________

EVIDENCE CHANGES RULES OF EVIDENCE REGARDING EXPERT TESTIMONY IN CRIMINAL CASES.

No. 743 (House Bill No. 478).

AN ACT

To amend Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to opinions and expert testimony, so as to change the rules of evidence regarding expert testimony in criminal cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to opinions and expert testimony, is amended by revising subsections (a), (b), (d), (e), and (f) of Code Section 24-7-702, relating to expert opinion testimony in civil actions, medical experts, pretrial hearings, and precedential value of federal law, as follows:
"(a) Except as provided in Code Section 22-1-14 and in subsection (g) of this Code section, the provisions of this Code section shall apply in all proceedings. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witnesses.

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(b) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise, if:
(1) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (2) The testimony is based upon sufficient facts or data; (3) The testimony is the product of reliable principles and methods; and (4) The expert has reliably applied the principles and methods to the facts of the case." "(d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the expert's testimony satisfies the requirements of subsections (a) and (b) of this Code section. In all civil proceedings, a hearing and any ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-11-16. (e) In all civil proceedings, an affiant shall meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1. (f) It is the intent of the legislature that, in all proceedings, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases."

SECTION 2. Said chapter is further amended by repealing Code Section 24-7-707, relating to expert opinion testimony in criminal proceedings, in its entirety.

SECTION 3. This Act shall become effective on July 1, 2022, and shall apply to any motion made or hearing or trial commenced on or after that date.

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

Approved May 2, 2022.

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COMMERCE AND TRADE PROVIDES PROTECTIONS FOR COMMERCIAL RECORDINGS, MUSICAL PERFORMANCES, AND AUDIOVISUAL WORKS; PROHIBITS DECEPTIVE PRACTICES; REQUIRES CERTAIN WEBSITES OR ONLINE SERVICES TO PROPERLY IDENTIFY THIRD-PARTY COMMERCIAL RECORDINGS OR AUDIOVISUAL WORKS.

No. 744 (House Bill No. 508).

AN ACT

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 protections for commercial recordings, musical performances, and audiovisual works; to prohibit the deceptive practice of musical performance groups advertising and appearing as the recording group without the recording group's permission or denoting that it is a salute or tribute performance; to provide for definitions; to specify violations; to require certain websites or online services to properly identify third-party commercial recordings or audiovisual works; to provide for definitions; to provide for civil and criminal penalties and causes of action; 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. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Code section to read as follows:
"10-1-393.16. (a) As used in this part, the term:
(1) 'Performing group' means a vocal or instrumental act consisting of one or more members that intends to advertise or appear under the name of a recording group or a name substantially similar to a recording group. (2) 'Recording group' means a vocal or instrumental act that consists of one or more members of which:
(A) At least one has previously released a sound recording commercially under such act's name; and (B) At least one has a legal right to such act's name by virtue of use or operation under such act's name without having abandoned such name or affiliation with such act. (3) 'Service mark' means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of such person and to distinguish such services from the services of others.

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(4) 'Sound recording' means a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object, such as a phonograph, disc, tape, wire, digital storage, or other medium in which the sounds are embodied. (b) It shall be unlawful for a person to advertise or conduct a vocal or instrumental performance or production in this state by using any false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group without the express authorization of the recording group unless: (1) Such person or performing group is the authorized registrant and owner of a service mark for the recording group that is registered in the United States Patent and Trademark Office; (2) At least one member of the performing group was a member of the recording group and such member of the recording group has a legal right to use or operate under the name of the recording group; (3) The performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name used by the recording group that it would tend to confuse or mislead the public; or (4) The advertisement does not relate to a live performance or production taking place in, streamed into, or broadcasted in this state. (c) Each advertisement, performance, or production in violation of this Code section shall constitute a separate violation."

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 35

10-1-930. This article shall be known and may be cited as the Georgia 'True Origin of Digital Goods Act.'

10-1-931. As used in this article, the term:
(1) 'Commercial recording or audiovisual work' means a recording or audiovisual work: (A) Consisting of substantially all of such recording or audiovisual work; and (B) Whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, for rental, or for performance or exhibition to the public, regardless of whether a commercial advantage or private financial gain is sought or the person disseminating it owns a license of such recording or audiovisual work.

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(2) 'Electronic dissemination' or 'electronically disseminates' means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the internet or other digital network, regardless of whether such commercial recording or audiovisual work has been previously electronically disseminated by another person. (3) 'Person' means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, or any other legal or commercial entity. (4) 'Third-party commercial recording' means a commercial recording not belonging to the owner of a website or online service that electronically disseminates it. (5) 'Website' means a set of related web pages served from a single web domain. Such term shall not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.

10-1-932. (a) A person that owns or operates a website or online service that consists to a substantial extent of the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and that electronically disseminates such works to consumers in this state shall clearly and conspicuously disclose its true and correct name, physical address, telephone number, and email address on such website or online service in a location readily accessible to a consumer using or visiting the website or online service. (b) The following locations shall be deemed readily accessible for purposes of this article:
(1) A landing or home web page or screen; (2) An 'about' or 'about us' web page or screen; (3) A 'contact' or 'contact us' web page or screen; (4) An information web page or screen; or (5) Another place on the website or online service commonly used to display identifying information to consumers.

10-1-933. (a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this article may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this article and to obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this article. As a condition precedent to filing a civil action under this article, the aggrieved party must make reasonable efforts to place any person alleged to be in violation of this article on notice that such person may be in violation of this article and that failure to cure within 14 days may result in a civil action filed in a court of competent jurisdiction. (b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this article.

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(c) The prevailing party in a cause under this article is entitled to recover necessary expenses and reasonable attorney fees.

10-1-934. (a) This article shall be supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this article. (b) This article shall not:
(1) Bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law; or (2) Impose liability on providers of an interactive computer service, communications service, commercial mobile service, or information service, including, but not limited to, an internet access service provider, advertising network or exchange, domain name registration provider, and a hosting service provider, if they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, commercial mobile radio service, or information service for use of such services by another person that is in violation of this article.

10-1-935. (a) A violation of this article shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' (b) A public or private right or remedy prescribed by Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' may be used to enforce this article."

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

Approved May 2, 2022.

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GUARDIAN AND WARD TORTS WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES CLARIFIES AND REVISES PROCEDURES AND REQUIREMENTS FOR PAYMENT OF CERTAIN SETTLEMENTS INVOLVING CLAIMS OF MINORS; REVISES WHEN NATURAL GUARDIAN OR NEXT FRIEND OF MINOR MAY RECEIVE MINOR'S PERSONAL PROPERTY.

No. 745 (House Bill No. 620).

AN ACT

To amend Title 29, Chapter 4 of Title 51, and Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to guardian and ward, wrongful death, and bond, respectively, so as to clarify and revise procedures and requirements for the payment of certain settlements involving claims of minors; to revise and provide for definitions; to revise when the natural guardian or next friend of a minor may receive the personal property of a minor for certain purposes; to revise certain bond requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising Code Section 29-3-1, relating to "personal property" defined, natural guardian must qualify as conservator, and exception, as follows:
"29-3-1. (a) For purposes of this Code section, the term 'personal property' does not include the value of property that is held for the minor's benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' (b) The natural guardian or next friend of a minor may not receive the personal property of the minor until the natural guardian or next friend becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $25,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property. (c) Upon receiving an affidavit:
(1) That the value of all the personal property of a minor will not exceed $25,000.00 in value;

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(2) That no conservator has been appointed for the minor's estate; and (3) That the affiant is the natural guardian of the minor, any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property. (d) This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor."

SECTION 2. Said title is further amended by revising Code Section 29-3-2, relating to release of debtor when collection doubtful, as follows:
"29-3-2. The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection of the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court if the amount of the debt is not more than $25,000.00."

SECTION 3. Said title is further amended by revising Code Section 29-3-3, relating to "gross settlement" defined, compromise of claim, and finality of settlement, as follows:
"29-3-3. (a) For purposes of this Code section, the term:
(1) 'Gross settlement' means the present value of all amounts paid or to be paid in settlement of a minor's claim, including cash, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement. Such term shall include the total amount paid or to be paid on behalf of all settling parties. (2) 'Net settlement' means the gross settlement reduced by:
(A) Attorney's fees, expenses of litigation, and legally enforceable liens against the settlement that are to be paid from the settlement proceeds; (B) The present value of amounts to be received by the minor after reaching the age of majority; and (C) The present value of amounts to be placed into a trust that the probate court or court in which the action is pending approves or creates for the benefit of the minor.

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(b) If the minor has a conservator, the only person who can compromise a minor's claim is the conservator.
(c)(1) If the proposed gross settlement of a minor's claim is $25,000.00 or less, the natural guardian of the minor, without becoming the conservator of the minor and without any court approval:
(A) May compromise the claim; or (B) May receive payment of and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1. (2) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is $25,000.00 or less: (A) The settlement shall be submitted for approval to:
(i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section; (B) No conservator shall be required to compromise the claim; and (C) No conservator shall be required to receive payment of the settlement; provided, however, that the natural guardian receiving payment of the settlement shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1. (3) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is more than $25,000.00: (A) A conservator shall be required to compromise the claim; (B) A conservator shall be required to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1; and (C) Such conservator shall submit the settlement for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section. (d)(1) If an order of approval is obtained from the probate court or a court in which legal action is pending, based upon the best interest of the minor, the natural guardian, next friend, or conservator shall be authorized, subject to Code Section 29-3-22, to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. (2) Without limiting the foregoing, the compromise may: (A) Involve a structured settlement or creation of a trust on terms that the probate court or court in which the action is pending approves or creates, including, but not limited to, funding; and

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(B) Be in exchange for: (i) The resolution of the action; or (ii) An arrangement that defers: (I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or (II) All of the consideration for the compromise until after the minor reaches the age of majority.
(e) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor. (f) It shall be within the discretion of the court in which the action is pending to hold a hearing on compliance with the requirements of this Code section; provided, however, that a hearing shall not be required if compliance with such requirements is evident from the record.
(g)(1) Notwithstanding any provision of this Code section to the contrary, where a settlement has been submitted to a court for approval, an action shall not be voluntarily dismissed pursuant to subsection (a) of Code Section 9-11-41, or otherwise dismissed upon motion, except upon order of the court in which the action is pending and upon the terms and conditions as that court deems proper. (2) If specifically indicated in the dismissal order, or if a settlement is reached while the case is pending in the Court of Appeals or the Supreme Court, the trial court shall retain exclusive jurisdiction to approve any settlement. (3) If legal action has been initiated but is no longer pending, and the trial court has not specifically retained jurisdiction pursuant to paragraph (2) of this subsection, then any settlement approved by the court in which the legal action is pending as required by subsection (c) of this Code section, shall instead be submitted for approval to the probate court."

SECTION 4. Said title is further amended by revising paragraphs (4), (12), and (13) of subsection (a) and paragraphs (5) and (6) of subsection (c) of Code Section 29-3-22, relating to power of conservator and cooperation with guardian of minor, as follows:
"(4) Receive, collect, and hold the minor's property, additions to the minor's property, and all related records, subject to subsection (d) of Code Section 29-3-41;" "(12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount not greater than $25,000.00; and (13) Release the debtor and compromise all debts in an amount not greater than $25,000.00 when the collection of the debt is doubtful." "(5) Pursuant to the provisions of Code Section 29-3-3, to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount greater than $25,000.00;

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(6) To release the debtor and compromise a debt that is in an amount greater than $25,000.00 when the collection of the debt is doubtful;"

SECTION 5. Said title is further amended by revising Code Section 29-3-41, relating to requirements of bond, term and value of bond, and substantial compliance sufficient, as follows:
"29-3-41. (a) The bond of a conservator shall be:
(1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of the minor; (3) Conditioned upon the faithful discharge of the conservator's duty, as is required by law; and (4) Attested by the judge or clerk of the court. (b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) Except as provided in subsection (d) of this Code section, the bond shall be in a value equal to double the estimated value of the minor's estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but, upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate, including the value of the personal property into which the real property was converted. (d) When the assets of the estate consist of only one or more choses in action of indeterminate value, no bond shall be required until the value of any such chose in action is able to be determined by settlement or judgment, whereupon bond shall be set in an amount to be determined in accordance with subsection (c) of this Code section; provided, however, that a conservator appointed without bond pursuant to this subsection shall have no authority to receive assets of the minor's estate other than a chose or choses in action until such conservator has posted bond in accordance with this Code section. As used in this subsection, the term 'chose in action' shall have the same meaning as provided in Article 2 of Chapter 12 of Title 44. (e) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary's duty as such has been proved."

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SECTION 6. Said title is further amended by revising paragraphs (13) and (14) of subsection (a) and paragraphs (5) and (6) of subsection (c) of Code Section 29-5-23, relating to authority of conservator and cooperation with guardian or other interested parties, as follows:
"(13) Compromise any contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $25,000.00 or less; and (14) Release the debtor and compromise all debts in the amount of $25,000.00 or less when the collection of the debt is doubtful." "(5) To compromise a contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3 is more than $25,000.00; (6) To release the debtor and compromise all debts for which the collection is doubtful when the amount of the debt is $25,000.00 or more;"

SECTION 7. Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to wrongful death, is amended by revising Code Section 51-4-2, relating to persons entitled to bring action for wrongful death of spouse or parent, survival of action, release of wrongdoer, disposition of recovery, exemption from liability for decedent's debts, and recovery not barred when child born out of wedlock, as follows:
"51-4-2. (a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
(b)(1) If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent. (2) If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children. (3) If there is no surviving spouse and an action for wrongful death is brought by a minor child or minor children under subsection (a) of this Code section, the natural guardian, guardian, or next friend of any such minor child shall:
(A) Qualify as a conservator if necessary to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1, and (B) Obtain court approval of such settlement of such minor child or minor children as provided in Code Section 29-3-3. (c) The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any conservator, guardian, next friend, or other authorized representative thereof and without any order of court, provided that such spouse shall hold

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the consideration for such release subject to subsection (d) of this Code section and shall be accountable for same.
(d)(1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes. (2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse's share. If there is no surviving spouse, the amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the children per capita, and the descendants of children shall take per stirpes. (e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent or of the decedent's estate. (f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery."

SECTION 8. Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to bond, is amended by revising Code Section 53-6-50, relating to persons required to give, as follows:
"53-6-50. (a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond with good and sufficient security. (b) A national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a personal representative of an intestate estate or temporary administrator shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond. (c) A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal representative. (d) The provisions of this Code section shall not apply to bonds described in Code Section 53-6-41 and Code Section 53-6-53.
(e)(1) When the assets of the estate consist only of one or more choses in action of indeterminate value and the personal representative or temporary administrator is not

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relieved from the requirement for giving bond by subsection (b) or (c) of this Code section, no bond shall be required under subsection (a) of this Code section until the value of any such chose in action is able to be determined by settlement or judgment, whereupon bond shall be set in an amount to be determined in accordance with subsection (c) of Code Section 53-6-51. If the value of any additional such chose in action subsequently is determined by settlement or judgment, the amount of the bond shall be increased in accordance with subsection (c) of Code Section 53-6-51. As used in this subsection, the term 'chose in action' shall have the same meaning as provided in Article 2 of Chapter 12 of Title 44. (2) A personal representative or temporary administrator who qualifies to serve without bond pursuant to paragraph (1) of this subsection shall have no authority to receive the settlement or judgment of a chose in action under this subsection until:
(A) Such personal representative or temporary administrator has posted bond in accordance with paragraph (1) of this subsection; and (B) Upon the initial posting of bond by such personal representative or temporary administrator in the first instance in which the value of a chose in action is determined by settlement or judgment, amended letters have been issued accordingly."

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

__________

COURTS SOUTH GEORGIA JUDICIAL CIRCUIT; ADDITIONAL SUPERIOR COURT JUDGE.
No. 746 (House Bill No. 624).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for an additional judge of the superior court of the South Georgia Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially

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appointed; to require candidates for such judgeships to designate the seat for which they are running; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties included in such circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the designation of a chief judge; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties included in such circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (34) as follows:
"(34) South Georgia Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3"

SECTION 2. The additional judge of the superior court of the South Georgia Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning July 1, 2022, and expiring December 31, 2024, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2024, there shall be elected a successor to such additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2025, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Such judges shall take office on the first day of January following the date of their election. Such elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 3. Every person who offers for election as one of the judges of such superior court of the South Georgia Judicial Circuit shall designate with the proper authority in all general elections the specific seat for which such person offers by naming the incumbent judge whom he or she desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such designated judgeship and no other. In the event that there is no incumbent judge in the seat for which such person desires to offer, the person shall qualify by announcing his or her intention to run for the office for which there is no incumbent.

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SECTION 4. The additional judge of the superior court of the South Georgia Judicial Circuit provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of such court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising such circuit shall be the same as that of other judges of the superior court of the South Georgia Judicial Circuit. The salary supplements enacted by the county comprising such circuit for the present superior court judges of such circuit shall also be applicable to the additional judge provided by this Act.

SECTION 6. All writs and processes in the superior court of the South Georgia Judicial Circuit shall be returnable to the terms of such superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such court shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the three judges of such circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior court and to direct and conduct all hearings and trials in such court.

SECTION 7. Upon and after qualification of the additional judge of the superior court of the South Georgia Judicial Circuit, the three judges of the superior court of the South Georgia Judicial Circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, the judges shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior court of such circuit; and they, or each of them, shall

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have full power and authority to draw and impanel jurors for service in such court so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 9. The three judges of the superior court of the South Georgia Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the South Georgia Judicial Circuit may bear teste in the name of any judge of such circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be held and determined before the same or any other judge of such circuit. Any judge of such court may preside over any cause therein and perform any official act as judge thereof.

SECTION 11. The governing authorities of the counties comprising the South Georgia Judicial Circuit shall provide the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasuries as such.

SECTION 12. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 13. This Act shall become effective for the purpose of appointing the additional judge upon its approval by the Governor or upon its becoming law without such approval and for all other purposes on July 1, 2022.

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

Approved May 2, 2022.

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RETIREMENT AND PENSIONS GEORGIA LEGISLATIVE RETIREMENT SYSTEM; REVISES EMPLOYEE CONTRIBUTIONS, PRIOR SERVICE CREDIT FOR MILITARY SERVICE, RETIREMENT ALLOWANCES.

No. 747 (House Bill No. 824).

AN ACT

To amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to define a term; to revise provisions relating to employee contributions to the retirement system, prior service credit for military service, and retirement allowances; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding a new paragraph to Code Section 47-6-1, relating to definitions, to read as follows:
"(7.1) 'Presiding creditable service' means any creditable service earned by a member while serving as the presiding officer of the House of Representatives."

SECTION 2. Said chapter is further amended in Code Section 47-6-60, relating to employee contributions to the retirement system, payment of employee contributions on behalf of the member, and additional contributions, by revising subsections (a) and (f) and by adding a new subsection to read as follows:
"(a) Until June 30, 2022, each member shall contribute 7 1/2 percent of his or her monthly salary. Such contributions shall be made through payroll deductions by the legislative fiscal officer. (a.1) On and after July 1, 2022, each member shall contribute $165.00 each month; provided, however, that the member serving as the presiding officer of the House of Representatives shall contribute an additional $660.00 each month. Such contributions shall be made through payroll deductions by the legislative fiscal officer." "(f) Until June 30, 2022, in addition to the employee contributions required by subsections (a) and (d) of this Code section, effective July 1, 1986, each member shall contribute 1 percent of the member's monthly salary to the system. Such members shall have such additional amount of employee contributions required by this subsection deducted by the legislative fiscal officer from their monthly salary along with the other

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deduction from such salary made by said legislative fiscal officer pursuant to subsections (a) and (d) of this Code section."

SECTION 3. Said chapter is further amended in Code Section 47-6-70.1, relating to prior service credit for military service, by revising paragraph (6) as follows:
"(6) The member must pay to the board of trustees the regular employee contribution provided by subsection (a) or (a.1) of Code Section 47-6-60 based on the amount of such contributions that were required and in effect at the time the military service was rendered plus interest on such employee contributions at the rate of 7 percent per annum compounded annually from the time the military service was rendered until the date of payment."

SECTION 4. Said chapter is further amended in Code Section 47-6-80, relating to eligibility and application for a retirement allowance, early retirement, amount of retirement allowance, compliance with federal tax laws, and increases in retirement allowance, by adding a new subsection to read as follows:
"(c.1) In lieu of the monthly service retirement allowance provided in subsection (d) of this Code section, for any person who was a contributing member on January 1, 2022, or who first becomes a contributing member after January 1, 2022, upon retirement under subsection (a) of this Code section such member shall receive a monthly service retirement allowance equal to the sum of $50.00 for each year of such member's creditable service and an additional $200.00 for each year of such member's presiding creditable service. Any inactive or retired member who was not a contributing member on January 1, 2022, and who becomes a contributing member again after January 1, 2022, shall be eligible for the monthly service retirement allowance provided in this subsection for his or her membership service earned after January 1, 2022."

SECTION 5. This Act shall become effective on July 1, 2022, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2022, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 2, 2022.

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BANKS AND BANKING COMPREHENSIVE REVISIONS.

No. 748 (House Bill No. 891).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for numerous updates; to remove and change reporting requirements for certain personnel of the Department of Banking and Finance regarding the use of financial institutions; to prohibit certain changes in control of financial institutions; to allow the department to extend the period for approval of certain proposed acquisitions; to change certain references to 'bank' to 'financial institutions'; to expand certain notice requirements; to authorize certain mergers of limited liability companies with banks and trust companies; to provide for requirements for establishing a representative office; to provide for requirements and limitations for the activities of certain representative offices; to update provisions relative to bank holding companies; to provide for notification requirements; to remove the department's requirement to consider the convenience and needs of the community for approval of certain transactions; to provide for requirements for interstate acquisitions of banks and bank holding companies; to authorize credit unions to provide third-party payment and check-cashing services and act as sellers of payment instruments and international remittances; to authorize the department to approve alternative schedules for board meetings; to exempt certain obligations from limitations on credit union loans; to remove the requirement to use registered or certified mail for certain notices; to authorize the department to disapprove a change in control by executive officers in certain instances; to exempt certain acquisitions by passive investors from application requirements and to provide requirements for such acquisitions; to exempt certain acquisitions by licensees from application requirements and establish requirements for such acquisitions; to authorize the department to access, receive, and use international investigative background reports; to authorize the department to use, hire, contract, or employ analytical systems, methods, or software; to update requirements for certain exemptions from licensing by the department as a mortgage loan originator, mortgage broker, or mortgage lender; to exempt from licensing persons who engage in certain transactions with closed mortgage loans; to change the calculation for fees for certain exempt persons; to clarify and remove superfluous language; to update terminology; to remove outdated language; to correct a cross-reference; to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to installment loans, so as to include servicing of installment loans to the activity regulated under the chapter; to exempt from regulation certain government entities and certain retail and credit transactions; to change the per loan fee structure for such loans; to clarify that the department may issue cease and desist orders to persons that are not licensed; 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 a citation to a federal regulation; to make conforming

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changes; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising subsections (c), (d), and (g) of Code Section 7-1-37, relating to restrictions on commissioner, deputy commissioners, and examiners, as follows:
"(c) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or examiners employed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided that the obligee financial institution or subsidiary is not examined or regulated by the department. For the purposes of this subsection, a financial institution shall not be considered regulated solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is owned or controlled by another bank or corporation which is or may be examined or regulated by the department. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit does not exceed $25,000.00 nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided that the financial institution is not within the employee's assigned examination authority and provided that the rates and terms of all such obligations are not preferential in comparison to similar obligations of the financial institution's other customers. Such exempt obligations shall be reported to the commissioner within ten days of execution of the credit obligation if the financial institution is regulated or examined by the department, and the employee shall be disqualified from any dealings with the obligee financial institution." "(g) The commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibility, or any examiner shall not directly or indirectly:
(1) Receive any money or property as a loan from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless such employee does not examine or exercise supervisory responsibility over that licensee;

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(2) Receive any money or property as a gift from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; (3) Give any money or property as a gift to any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; or (4) Engage in the business of a department licensee."

SECTION 2. Said chapter is further amended by revising Code Section 7-1-230, relating to definitions relative to change in control of financial institutions, as follows:
"7-1-230. As used in this part, the term:
(1) 'Concert with one or more persons' includes, but is not limited to, the following persons and relationships:
(A) A company and any controlling shareholder, partner, trustee, or management official of the company if both the company and the individual own voting securities of the financial institution; (B) An individual and the individual's immediate family; (C) Companies under common control; (D) Persons that are parties to any agreement, contract, understanding, or other arrangement, whether written or otherwise, regarding the acquisition, voting, or transfer of control of voting securities of a financial institution; (E) Persons that have made, or propose to make, a joint filing under Section 13 or 14 of the Securities Exchange Act of 1934 and the rules promulgated thereunder by the United States Securities and Exchange Commission; and (F) A person and any trust for which the person serves as trustee. (2) 'Control' means the power directly or indirectly to direct the management or policies of a financial institution or to vote 25 percent or more of any class of voting securities of a financial institution. (3) 'Person' means an individual or a corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed in this paragraph. (4) 'Presumption of control' means a person which directly or indirectly owns, controls, or has the power to vote more than 10 percent but less than 25 percent of any class of voting securities of a financial institution if no other persons will own, control, or hold the power to vote a greater percentage of that class of voting securities immediately after the transaction."

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SECTION 3. Said chapter is further amended by revising Code Section 7-1-231, relating to acquisition of control without permission prohibited, as follows:
"7-1-231. (a) For purposes of this Code section, the term 'financial institution' shall include any 'bank holding company' as such term is defined in subsection (a) of Code Section 7-1-605. (b) It shall be unlawful for a person, acting directly or indirectly or through concert with one or more persons, to acquire control or the presumption of control of any financial institution through a purchase, assignment, pledge, or other disposition of voting stock of such institution, except with the approval of the department or as otherwise permitted by this part."

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 7-1-232, relating to notice of proposed acquisition required, approval or disapproval by department, and judicial review, as follows:
"(b) The department shall be given at least 60 days' prior written notice of any such proposed acquisition. The department may extend the period during which a disapproval may issue for another 30 days. The period for disapproval may be further extended only if the department determines that any acquiring party has not furnished all the information required under Code Section 7-1-233 or that in its judgment any material information submitted is substantially inaccurate. An acquisition may be made prior to expiration of the disapproval period if the department issues written notice of its intent not to disapprove the action."

SECTION 5. Said chapter is further amended by revising paragraph (5) of Code Section 7-1-233, relating to contents of notice, as follows:
"(5) Any plans or proposals which any acquiring party making the acquisition may have to liquidate the financial institution, to sell its assets or merge it with any company, or to make any other major change in its business or corporate structure or management;"

SECTION 6. Said chapter is further amended by revising paragraphs (3) and (4) of Code Section 7-1-234, relating to grounds for disapproving proposal, as follows:
"(3) The financial condition of any acquiring person is such as might jeopardize the financial stability of the financial institution or prejudice the interests of the depositors of the financial institution; (4) The competence, experience, or integrity of any acquiring person or of any of the proposed management personnel indicates that it would not be in the interest of the

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depositors of the financial institution or in the interest of the public to permit such person to control the financial institution;"

SECTION 7. Said chapter is further amended by revising Code Section 7-1-236, relating to report of change in control, as follows:
"7-1-236. Whenever a change occurs in the ownership of or right to vote the outstanding shares of any bank or trust company which will result in the control or a change in the control of the bank or trust company, the president or other officer of such bank or trust company shall, within ten days after knowledge thereof, report such facts to the department. Notwithstanding Code Section 7-1-230, as used in this Code section, the term 'control' means the power to direct or cause, directly or indirectly, the direction of the management or policies of the institution. If there is any doubt as to whether a change in the ownership or voting rights of such shares is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved in favor of reporting the facts to the department."

SECTION 8. Said chapter is further amended by revising subsections (b) and (g) of Code Section 7-1-530, relating to authority to merge, consolidate, or exchange shares and requirements relative to merger and consolidation of state banks and trust companies, as follows:
"(b) A corporation or limited liability company other than a bank or trust company may be merged into or consolidated with, or may enter into a share exchange with, a bank or trust company, provided that:
(1) The resulting institution of the merger or consolidation is a bank or trust company; (2) The resulting institution of the merger or consolidation, or the acquired bank or trust company in a share exchange, holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a bank or trust company; and (3) The merger, share exchange, or consolidation is not otherwise unlawful." "(g) Subject to the provisions of this part, this Code section does not limit the power of a corporation or limited liability company other than a bank or trust company to acquire all or part of the shares of one or more classes or series of a bank or trust company through a voluntary exchange of shares or otherwise."

SECTION 9. Said chapter is further amended by replacing the term "shareholders" with "shareholders or members" wherever such term occurs in Code Section 7-1-531, relating to requirements for merger, share exchange, or consolidation plan, adoption of plan, and modification of plan.

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SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 7-1-535, relating to federal approval or disapproval and issuance of certificate of merger, share exchange, or consolidation, as follows:
"(b) 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 in a merger or consolidation continues to be reserved or is available on the records of the Secretary of State, upon receipt of the written approval of the department, the Secretary of State shall issue to the resulting bank or trust company or the acquiring corporation or limited liability company in a share exchange a certificate of merger, share exchange, or consolidation with the approved articles of merger or consolidation attached thereto and shall retain a copy of such certificate, articles, and approval by the department."

SECTION 11. Said chapter is further amended by revising Code Section 7-1-590, relating to definitions relative to representative offices and registration, as follows:
"7-1-590. As used in this part, the term:
(1) 'Bank' and 'bank holding company' shall have the same meaning as in Part 18 of this article. A 'banking business' is the business which a bank is authorized to do pursuant to this title. The power to receive deposits or the performance of any transaction directly or through an affiliate or agent relative to a deposit account shall be presumed to constitute a banking business. (2) 'Deposit production office' means a form of a representative office with the authority to solicit deposits, provide information about deposit products, and assist consumers to complete the application forms to open deposit accounts, provided that such office does not open deposit accounts, take deposits, or conduct any other banking business. (3) 'Domicile' means the home state as defined in paragraph (12) of Code Section 7-1-621 where a bank is chartered or where a bank holding company is incorporated. (4) 'Loan production office' is a form of a representative office, where the solicitation of loans or of leases of personal property may occur, but not the closing of loans, the disbursement of loan proceeds nor any other banking business. It shall be established and registered as a representative office. (5) 'Representative office' is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting business activities other than a banking business and includes, but is not limited to, deposit production offices, loan production offices, and trust production offices. It shall not be considered to be a branch office or main office. (6) 'Trust production office' means a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. Sales activities

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shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary."

SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 7-1-591, relating to establishment of representative office by bank or bank holding company domiciled in state and out of state activities, as follows:
"(a) A bank domiciled in this state and operating under the laws of this state or a subsidiary of such bank may establish a representative office anywhere in the state upon registering with the department. A bank holding company domiciled in this state and operating under the laws of this state or a nonbank subsidiary of such bank holding company may establish a representative office anywhere in this state upon registering with the department."

SECTION 13. Said chapter is further amended by revising Code Section 7-1-592, relating to establishment of representative office by bank or holding company domiciled in state or outside of state and conformance with requirements of primary regulator, as follows:
"7-1-592. A bank or bank holding company domiciled in this state and operating under the laws of the United States or domiciled outside this state and operating under the laws of such other state or territory or of the United States, or its subsidiary, may establish representative offices anywhere in this state, provided that such bank or bank holding company conforms to the requirements of its primary regulator. The permissible activities conducted at such a representative office are governed by federal law if the bank is a national bank or by the law of the state or territory where the bank is domiciled if chartered by another state, except to the extent such activities are expressly prohibited by the laws of this state or by any regulation of the commissioner."

SECTION 14. Said chapter is further amended by revising subsection (a) of Code Section 7-1-593, relating to registration of bank or bank holding company having representative office in state, as follows:
"(a) Prior to closing a representative office, a bank, bank holding company, or a subsidiary of a bank or bank holding company shall post notice of the closing as required by Code Section 7-1-110.1."

SECTION 15. Said chapter is further amended by revising subsection (a) and paragraph (3) of subsection (c) of Code Section 7-1-605, relating to bank holding companies, definitions, and when company deemed to control shares, as follows:

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"(a)(1) Except as provided in paragraph (5) of this subsection, 'bank holding company' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this part. (2) Any company has 'control' over a bank or over any company if:
(A) The company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 percent or more of any class of voting securities of the bank or company; (B) The company controls in any manner the election of a majority of the directors or trustees of the bank or company; (C) The commissioner determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company; or (D) The company directly or indirectly owns, controls, or has power to vote more than 10 percent but less than 25 percent of any class of voting securities of the bank or company if no other company or person will own, control, or hold the power to vote a greater percentage of that class of voting securities immediately after the transaction. (3) For the purposes of any proceeding under subparagraph (C) of paragraph (2) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 percent of any class of voting securities of a given bank or company does not have control over that bank or company. (4) In any administrative or judicial proceeding under this part, other than a proceeding under subparagraph (C) of paragraph (2) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 percent or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under subparagraph (C) of paragraph (2) of this subsection. (5) Notwithstanding any other provision of this subsection: (A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in paragraphs (2) and (3) of subsection (c) of this Code section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; and (B) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith until two years after the date of acquisition. (6) For the purposes of this part, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor company became a bank holding company."

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"(3) Shares transferred by any bank holding company (or by the company which, but for such transfer, would be a bank holding company) directly or indirectly to any transferee that is indebted to the transferor, or has one or more officers, directors, trustees, or beneficiaries in common with or subject to control by the transferor, shall be deemed to be indirectly owned or controlled by the transferor unless the commissioner, after opportunity for hearing, determines that the transferor is not in fact capable of controlling the transferee."

SECTION 16. Said chapter is further amended by revising Code Section 7-1-606, relating to bank holding companies, actions unlawful without prior approval of commissioner, and exceptions, as follows:
"7-1-606. (a)(1) It shall be unlawful, except with the prior approval of the commissioner: (A) For any action to be taken that causes any company to become a bank holding company; (B) For any action to be taken that causes a bank to become a subsidiary of a bank holding company; (C) For any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control 5 percent or more of the voting shares of such bank; (D) For any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; (E) For any bank holding company to merge or consolidate with, or enter into a share exchange with, any other bank holding company; or (F) For any bank holding company to take any action which would violate the federal Bank Holding Company Act of 1956, as amended. (2) Notwithstanding paragraph (1) of this subsection, these prohibitions shall not apply to: (A) Shares acquired by a bank: (i) In good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in paragraph (2) of subsection (b) of Code Section 7-1-605 and except as provided in paragraphs (2) and (3) of subsection (c) of Code Section 7-1-605; or (ii) In the regular course of securing or collecting a debt previously contracted in good faith, but such shares in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired; (B) Additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition;

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(C) A bank holding company of a national bank with its main office in Georgia acquiring a Georgia bank holding company, as such term is defined in paragraph (10) of Code Section 7-1-621, shall notify the department upon filing an application with the appropriate federal or state financial regulator. The notification requirements of this subparagraph shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department may request. In addition, the parties shall file with the department and the Secretary of State a certificate of approval of the acquisition by the appropriate supervisory agencies prior to consummation of the transaction. The department may, for good cause shown, object to the transaction by letter to the bank holding company of a national bank with its main office in Georgia, the Georgia bank holding company, and to the appropriate federal or state financial regulator before consummation of the transaction. In the event of such objection, the acquisition cannot be consummated without the parties obtaining the approval of the department; or (D) Transactions for which the department has established by rule, regulation, or written policy a streamlined or alternative procedure, if such procedure specifically dispenses with the need for approval by the commissioner. For the purpose of this paragraph, bank shares shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; but, in such instances, acquisitions may be made without prior approval of the commissioner if the commissioner, upon application filed within 90 days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval. (b)(1) The commissioner shall not approve nor shall any other procedure authorize: (A) Any acquisition or merger or share exchange or consolidation under this Code section which would result in a monopoly or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia; or (B) Any other proposed acquisition or merger or share exchange or consolidation under this Code section whose effect in any section of the state may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. (2) In every case, the department shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned. (c) Reserved.

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(d) The commissioner shall not grant any such contemplated approval until he or she shall first cause reasonable public notice of the proposed action to be given in the area to be affected and until he or she shall first afford to the public an opportunity to submit, for the commissioner's consideration, information, objections, and opinions as to the proposed action and its effect. The notice requirement may not apply in the case of a streamlined procedure where the holding company meets certain qualifying criteria established by rule, regulation, or written policy of the department. (e) Notwithstanding any other provisions of this part, a bank holding company which lawfully controls a bank or has received the requisite approvals under this Code section to acquire control of a bank may, with the approval of the commissioner, or as otherwise provided in this chapter or by departmental rule or regulation, either at the time such control is obtained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch office of such other banking subsidiary. Nothing in this subsection shall be deemed to supersede, rescind, or modify any provision, requirement, or condition of this Code section which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company under this Code section, nor shall it be deemed to supersede, rescind, or modify any provision, requirement, or condition of Part 14, 16, 19, or 20 of this article which would otherwise be applicable to the merger of banks or the acquisition or sale of all or substantially all of the assets of a bank."

SECTION 17. Said chapter is further amended by revising subsection (a) of Code Section 7-1-607, relating to bank holding companies that control a bank, registration, reporting, examinations, and control, as follows:
"(a) On an annual basis, each bank holding company that controls a bank chartered by the department shall register with the commissioner on forms provided or prescribed by him or her, which may include such information with respect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part."

SECTION 18. Said chapter is further amended by revising subsections (b) and (c) of Code Section 7-1-622, relating to provisions applicable to interstate acquisitions or mergers by bank holding companies, eligibility of applicants, and commissioner's ruling required, as follows:
"(b) Notwithstanding anything contained in subsection (a) of this Code section and subject to the permitted acquisitions of subsection (b) of Code Section 7-1-608, no bank or bank holding company may:

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(1) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated or incorporated as a bank for a period of three years or more prior to the date of acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite three-year period; or (2) Directly or indirectly acquire a bank having banking offices in Georgia if the applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. (c) The commissioner must rule on any application seeking approval to engage in a transaction under this Code section not later than 90 days following the date of submission of a completed application seeking such approval. If the commissioner decides to hold a public hearing in connection with the application, the time limit specified may be extended to 30 days after the conclusion of the hearing."

SECTION 19. Said chapter is further amended by revising Code Section 7-1-623, relating to acquisitions not requiring department approval, as follows:
"7-1-623. (a) Subject to any applicable restrictions an out-of-state bank holding company having a bank subsidiary with banking offices in Georgia may acquire a bank that does not have banking offices in this state, and an out-of-state bank holding company may acquire an out-of-state bank with branch offices in Georgia without the approval of the department. (b) A bank holding company may engage in the transactions described in paragraphs (1) and (2) of this subsection without the necessity of complying with Code Section 7-1-622, provided that it notifies the department not less than 30 days following the consummation of the transaction.
(1) The acquisition of a Georgia bank, if such acquisition has been consummated with assistance from the Federal Deposit Insurance Corporation under Section 13(c) of the Federal Deposit Insurance Act, as amended, 12 U.S.C. Section 1823(c); or (2) The acquisition of a Georgia bank, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a). The bank or bank holding company must divest the securities or assets acquired within two years of the date

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of acquisition. The department may, in its discretion, permit the bank or bank holding company to retain such interest for up to three additional periods of one year each. (c) An out-of-state bank holding company acquiring a Georgia bank holding company or Georgia state bank shall notify the department upon filing an application with the appropriate federal or state financial regulator. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department shall request. In addition, the parties shall file with the department and the Secretary of State a certificate of approval of the acquisition by the appropriate supervisory agencies prior to consummation of the transaction. The department may, for good cause shown, object to the transaction by letter to the out-of-state bank holding company, the Georgia bank holding company, and to the appropriate federal or state financial regulator before consummation of the transaction. In the event of such objection, the acquisition cannot be consummated without the parties obtaining the approval of the department."

SECTION 20. Said chapter is further amended by revising Code Section 7-1-625, relating to provisions applicable to, and qualification of, bank holding companies in state, reciprocal agreements, and confidentiality of reports, as follows:
"7-1-625. (a) Any Georgia bank holding company controlling a bank having banking offices in Georgia and any out-of-state bank holding company controlling a Georgia state bank shall be subject to the provisions of Code Sections 7-1-605 through 7-1-612 and the rules and regulations of the department applicable to bank holding companies. (b) Any out-of-state bank holding company that has a bank subsidiary with banking offices in Georgia that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation. (c) The department may enter into cooperative and reciprocal agreements with the bank regulatory authorities of any state or the United States for the periodic examination of bank holding companies and may accept reports of examination and other records from such authorities in lieu of conducting its own examinations. The department may enter into joint actions with other regulatory bodies having concurrent jurisdiction or may enter into such actions independently to carry out its responsibilities under this title and assure compliance with the laws of this state. Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential according to Georgia law, and such confidentiality shall not be affected by the sharing of the examinations or reports. The department shall not be obligated to provide or disclose such examinations and reports to any third party. Agreements to share such examinations or reports shall contain provisions for dealing with confidentiality and subpoenas."

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SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 7-1-628, relating to purpose and scope of part, as follows:
"(b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, and other requirements. "

SECTION 22. Said chapter is further amended by revising subsection (b) of Code Section 7-1-628.4, relating to permissible interstate merger transactions, as follows:
"(b) An out-of-state bank may enter into an interstate merger transaction with a Georgia bank, and an out-of-state bank resulting from such transaction may maintain and operate branches in Georgia. The requirements of Code Section 7-1-628.5 shall be met by the resulting bank. In order to consummate such a merger with a resulting out-of-state state bank, a Georgia state bank shall comply with Code Sections 7-1-531 through 7-1-533 and 7-1-537, except that the format of the articles of merger submitted in accordance with Code Section 7-1-532 may be in conformity with the resulting bank's home state law if such law requires a format different from that specified by Code Section 7-1-532. A Georgia state bank shall comply with Code Section 7-1-534 if a national bank or a federal savings bank is to be the resulting bank."

SECTION 23. Said chapter is further amended by revising subsection (a) of Code Section 7-1-633, relating to organizational meeting of directors and commencing of business for credit unions, as follows:
"(a) Within 30 days after receipt of the certificate of incorporation from the Secretary of State, an organizational meeting of the board of directors named in the articles of incorporation shall be held for the purpose of accepting the certificate and bylaws, appointing a credit committee or, in lieu thereof, loan officers and an audit committee, naming the president, and electing or appointing the officers, as provided in Code Section 7-1-655, who shall serve until the first directors' meeting after the first annual meeting. Notice of the meeting shall be given at least five days prior to the date of the meeting."

SECTION 24. Said chapter is further amended by revising paragraphs (1), (12), and (13) and adding new paragraphs in Code Section 7-1-650, relating to powers of credit unions, as follows:
"(1) Receive funds from its members or other financial institutions in the form of shares and deposits on accounts or as evidenced by certificates of deposit issued by the credit union;"

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"(12) Provide, in its articles of incorporation approved by a majority of its membership present and voting, for the elimination or limitation of personal liability of a director to the credit union or its members in their capacity as shareholders of the credit union to the same extent as a bank or trust company operating under the provisions of this chapter; (13) Subject to any rules and regulations enacted by the department and in compliance with federal law and applicable provisions regarding insurable interests in Chapter 24 of Title 33, purchase, hold, or fund insurance on the life of any of its directors, officers, or employees, or any other person whose death might cause financial loss to the credit union, or, pursuant to any contract lawfully obligating the credit union as guarantor or surety, on the life of the principal obligor; (14) Provide third-party payment services to its members; and (15) Provide check-cashing services, sale of payment instruments, or sale of international remittances to those consumers eligible for membership."

SECTION 25. Said chapter is further amended by revising subparagraph (b)(1)(B) of Code Section 7-1-651.1, relating to in person annual meetings, requirements for remote options, and impact of emergency declaration, as follows:
"(B) Enable members to vote at such meetings by means of electronic communication. Such measures may include, but are not limited to, telephonic or internet voting; and"

SECTION 26. Said chapter is further amended by revising subsection (c) of Code Section 7-1-655, relating to boards of directors, credit and audit committees, officers, oaths of officials, removal from office, suspension of member, filling of vacancies, and notification to department of change in president or chief executive officer, as follows:
"(c) At the organizational meeting and at its first meeting after each annual meeting of the members, the board of directors shall appoint an audit committee, credit committee, chairperson, secretary, and such other officers consistent with the bylaws as the board deems desirable. No member of the audit committee may serve as a member of the credit committee or as an officer, unless the board of directors functions as the credit committee as provided for in subsection (f) of Code Section 7-1-658."

SECTION 27. Said chapter is further amended by revising subsection (a) of Code Section 7-1-656, relating to duties of directors, meetings, prohibited activities, eligibility to vote, applicability of Code Section 7-1-490, and appointment of honorary director or director emeritus, as follows:
"(a) The board of directors shall be responsible for the affairs, funds, and records of the credit union and shall meet as often as necessary. The board of directors shall meet at least once during ten different months of each calendar year unless an alternative schedule is approved in writing by the department, but in no event shall the board meet less frequently

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than once in each calendar quarter. Unless the bylaws specifically reserve any or all of the duties to the members, it shall be the special duty of the directors:
(1) To act upon all applications for membership or approve the actions of an officer without loan granting authority, designated by the board of directors to approve applications for membership; (2) To determine from time to time rates of interest and dividends which shall be allowed on deposits and charged on loans consistent with this article and other applicable laws and to authorize any interest refunds on such classes of loans and under such conditions as the board prescribes; (3) To fix the amount of the fidelity bond which shall be required of all officers, employees, agents, or members having custody of funds, properties, or records; provided, however, that the amount of such fidelity bond shall not be less than such minimum requirements as shall be prescribed by regulation of the department and shall be in such form as may from time to time be approved by the department; (4) To fix within the restrictions imposed by statute the maximum amount of deposits which may be made by and the maximum amount that may be loaned to any one member; (5) To fill vacancies on the board of directors, credit committee, and audit committee until the election and qualification of a successor; (6) To have charge of the investment of funds of the credit union other than loans to members within the restrictions imposed by statute or delegate investment authority to a qualified committee or officer as designated by the board of directors; (7) To appoint any committees deemed necessary; and (8) To perform such other duties as the members may from time to time authorize."

SECTION 28. Said chapter is further amended by revising subsection (g) of Code Section 7-1-658, relating to loans, as follows:
"(g) The limitations of subsection (f) of this Code section shall not apply to: (1) Obligations of and obligations guaranteed by: (A) The United States; (B) The State of Georgia or a public body thereof authorized to levy taxes; (C) Any state of the United States or any public body thereof if the obligations or guarantees are general obligations; or (D) Any agency of this state as defined in subparagraph (a)(1)(A) of Code Section 50-14-1; (2) Obligations to the extent secured by: (A) Obligations fully guaranteed by the United States; (B) Guaranties or commitments or agreements to take over or purchase made by any public body of the United States or any corporation owned directly or indirectly by the United States; or

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(C) Loan agreements between a local public agency or a public housing agency and an instrumentality of the United States pursuant to national housing legislation under which funds will be provided for payment of the obligations secured by such loan agreements; (3) Obligations with respect to the sale of federal or correspondent funds to financial institutions having their deposits insured to the same extent as that required of similar institutions chartered in this state; (4) A renewal or restructuring of a loan as a new loan or extension of credit following the exercise by the credit union of reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limits of this Code section, unless: (A) New funds are advanced by the credit union to the borrower, except as permitted under this Code section; (B) A new borrower replaces the original borrower; or (C) The department determines that a renewal or restructuring was undertaken as a means to evade the credit union's lending limit; and (5) Unsecured obligations below the unsecured legal lending limit in conjunction with secured obligations below the secured legal lending limit so long as the total aggregate liability for both secured and unsecured obligations is $50,000.00 or less."

SECTION 29.
Said chapter is further amended by repealing and reserving Code Section 7-1-670, relating to third-party payment services, as follows:
"7-1-670. Reserved."

SECTION 30. Said chapter is further amended by revising paragraphs (5), (8), and (24) and adding new paragraphs in Code Section 7-1-680, relating to definitions relative to the sale of payment instruments, as follows:
"(5) 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the direct or indirect possession of power to direct or cause the direction of the management and policies of a person or the direct or indirect possession of power to elect or appoint a majority of executive officers or other persons exercising managerial authority of a person." "(8) 'Executive officer' means the chief executive officer, president, chief financial officer, chief operating officer, each officer with responsibility involving policy-making functions for a significant aspect of a person's business, or any other individual performing similar managerial or supervisory functions with respect to any organization, whether incorporated or unincorporated."

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"(14.1) 'Multistate licensing process' means any licensing agreement entered into by and among state agencies that regulate money transmitters and sellers of payment instruments." "(16.1) 'Passive investor' means a person that:
(A) Owns, directly or indirectly, at least 10 percent but less than 25 percent interest in or voting shares of a licensee or person in control of a licensee; (B) Does not have the power to elect a majority of the members of the board of directors of a licensee; (C) Is not employed by and does not perform any managerial duties for the licensee or person in control of a licensee; and (D) Does not have the power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee." "(24) 'Ultimate equitable owner' means a person that: (A) Owns, directly or indirectly, a 10 percent or more interest in a corporation or any other form of business organization; (B) Owns, directly or indirectly, 10 percent or more of the voting shares of any corporation or any other form of business organization; or (C) Exerts control, directly or indirectly, over a corporation or any other form of business organization, regardless of whether such person owns or controls such interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint stock companies, other entities or devices, or any combination thereof. For purposes of determining ultimate equitable ownership by an individual, the individual's interest shall be aggregated with the interest of any other immediate family member, including the individual's spouse, parents, children, siblings, mothers- and fathers-in-law, sons- and daughters-in-law, brothers- and sisters-in-law, and any other individual who shares such individual's home."

SECTION 31. Said chapter is further amended by revising subsections (a), (d), and (e) of Code Section 7-1-687, relating to notice of action against licensee by creditor or claimant and other notification requirements, as follows:
"(a) A licensee shall give written notice to the department of any action which may be brought against it by any creditor or claimant where such action relates to the activities authorized under this article or involves a claim against the bond filed with the department under Code Section 7-1-683.2. The notice shall provide details sufficient to identify the action and shall be sent within 30 days after the commencement of any such action. The licensee shall also give written notice to the department within 30 days of the entry of any judgment entered against the licensee." "(d) A licensee shall give written notice to the department within ten days of the following:

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(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-684 or 7-1-691 or subsection (a) of Code Section 7-1-692; (2) The discharge of any employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; (3) Any knowledge or discovery of the discharge of a covered employee or an authorized agent for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; (4) Any knowledge or discovery of an administrative, civil, or criminal action initiated by any government entity against the licensee or an authorized agent; any director, officer, partner, or ultimate equitable owner of the licensee or authorized agent; or any individual who directs the affairs of or controls or establishes policy for the licensee or authorized agent; or (5) The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Sections 101 through 110, for bankruptcy reorganization or the filing of a petition by or against the licensee for receivership or the making of a general assignment for the benefit of its creditors. (e) Unless prior approval of a change in executive officer is required under Code Section 7-1-688 and notwithstanding subsection (e) of Code Section 7-1-684 requiring a criminal background check prior to the initial date of hire, a licensee shall notify the department in writing of any change of executive officer in such a manner that the notice is received by the department no later than ten business days after the effective date of the change. In the event of such change, the licensee shall initiate a criminal background check no later than ten business days after the effective date of the change. If the department determines that an executive officer does not meet the requirements of subsections (a) or (b) of Code Section 7-1-684, the department may disapprove the notice of change, and the licensee shall remove the individual from the executive officer position upon receipt of the disapproval."

SECTION 32. Said chapter is further amended by adding a new subsection to Code Section 7-1-688, relating to approval required of new ultimate equitable owner, other change of control, or executive officer of licensee, and denial of application, to read as follows:
"(d) The application provisions of this Code section shall not apply to: (1) An acquisition by a passive investor, provided that such person submits documentation to the department, in a form prescribed by the department, establishing that such person meets the criteria for a passive investor prior to such acquisition. The failure to provide acceptable documentation establishing that the person qualifies as a passive investor or to continuously satisfy the passive investor requirements shall require the filing of a change of control application; or (2) An acquisition of a licensee by a person licensed by the department under this article, provided that: (A) The person has not had a license revoked or suspended in any jurisdiction;

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(B) The person is well-managed and has received at least a satisfactory rating for compliance and supervision at its most recent examination by the department or a state agency whose money transmitter regulatory program has been accredited by the appropriate governing authority; (C) The resulting entity or entities are projected to meet the financial condition requirements established by this article; (D) Neither the person nor the licensee to be acquired will implement any material changes to their respective business plans as a result of the acquisition; and (E) The person provides the department with prior notice of the acquisition and attests to the requirements provided in this paragraph in a form prescribed by the department. If the department does not approve such notice of acquisition within 30 days of the date on which the notice was determined by the department to be complete, the notice is deemed approved. If the department disapproves such notice of acquisition, the acquiring person shall be required to file a change of control application."

SECTION 33. Said chapter is further amended by revising subsection (f) of Code Section 7-1-689, relating to record keeping, investigations and examinations by department, subpoenas, confidentiality, and limitations on civil liability, as follows:
"(f) In addition to any other authority set forth under this article, the department shall be authorized to conduct investigations and examinations of applicants, licensees, and authorized agents as follows:
(1) The department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to:
(A) Criminal, civil, and administrative history information, including nonconviction data; (B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a; (C) For an individual who has resided outside of the United States, an international investigative background report prepared by a competent independent search firm, which shall include, at a minimum, comprehensive credit, criminal, employment, media, and financial services regulatory history information; and (D) Any other documents, information, or evidence the department deems relevant to the inquiry, examination, or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) The department may review, investigate, or examine any licensee or person subject to this article as often as necessary in order to carry out the purposes of this article;

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(3) Each licensee or person subject to this article shall make available to the department, upon request, any books and records relating to the activities of selling payment instruments or the transmission of money; (4) No licensee or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, documents, files, computer records, evidence, or other information; and (5) In order to carry out the purposes of this Code section, the department may:
(A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, documents, records, information, or evidence or by utilizing standardized or uniform methods or procedures; (B) Accept and rely on examination or investigation reports made by other government officials within or outside this state, including, but not limited to, investigations pursuant to a multistate licensing process; (C) Accept audit reports or portions of audit reports made by an independent certified public accountant on behalf of the licensee or person subject to this article covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department; and (D) Use, hire, contract, or employ analytical systems, methods, or software."

SECTION 34. Said chapter is further amended by revising subsections (a) and (b) of Code Section 7-1-705, relating to written notice of claims against licensee, judgments, or other misconduct by employees, directors, or others and written notice of change of executive officer relative to cashing of payment instruments, as follows:
"(a) A licensee shall give written notice to the department of any action which may be brought against it by any creditor or claimant where such action relates to activities authorized under this article or involves a claim against the bond filed with the department under subsection (c) of Code Section 7-1-707. The notice shall provide details sufficient to identify the action and shall be sent within 30 days after the commencement of any such action. The licensee shall also give written notice to the department within 30 days of the entry of any judgment against the licensee. (b) A licensee shall give written notice to the department within ten days of the following:
(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-703 or 7-1-707 or subsection (a) of Code Section 7-1-708; (2) The discharge of any employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; or (3) Any knowledge or discovery of an administrative, civil, or criminal action initiated by any government entity against the licensee or any of the licensee's directors, officers, partners, ultimate equitable owners, or any individual who directs the affairs of or controls or establishes policy for the licensee."

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SECTION 35. Said chapter is further amended by revising subsection (a) and adding a new subsection in Code Section 7-1-1001, relating to exemption for certain persons and entities, registration requirements, and authorized actions of licensed mortgage lenders, as follows:
"(a) The following persons shall not be required to obtain a mortgage loan originator, mortgage broker, or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration requirements, if registration of such persons is required by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any wholly owned subsidiary of any lender described in paragraph (1) of this subsection. Any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018; (2.1) Any wholly owned subsidiary of any bank holding company; provided, however, that such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3; (3) Registered mortgage loan originators, when acting for an entity described in paragraph (1) or (2) of this subsection. To qualify for this exemption, an individual shall be registered with and maintain a unique identifier through registration with the Nationwide Multistate Licensing System and Registry; (4) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of such individual. For purposes of this exemption, the term 'immediate family member' means a spouse, child, sibling, parent, grandparent, or grandchild. Immediate family members shall include stepparents, stepchildren, stepsiblings, and adoptive relationships; (5) An attorney licensed to practice law in Georgia who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; (6) A Georgia licensed real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans or a Georgia licensed real estate salesperson providing information to a lender or its agent related to an existing or potential short sale transaction in which a separate fee is not received by such real estate broker or real estate salesperson; provided, however, that such real estate broker or real estate salesperson who directly or indirectly negotiates, places, or finds a mortgage for others shall not be exempt from the provisions of this article; (7) Any person performing any act relating to mortgage loans under order of any court;

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(8) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (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; (10) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence; (11) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (12) Any licensee under Chapter 3 of this title, the 'Georgia Installment Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (13) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (14) A natural person employed by a licensed or registered mortgage broker, a licensed or registered mortgage lender, or any person exempted from the mortgage broker or mortgage lender licensing requirements of this article when acting within the scope of employment and under the supervision of the mortgage broker or mortgage lender or exempted person as an employee and not as an independent contractor, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of this subsection. To be exempt from licensure as a mortgage broker or mortgage lender, a natural person shall be employed by only one such employer and shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-1-1004. Such natural person, who meets the definition of mortgage loan originator provided in paragraph (22) of Code Section 7-1-1000, shall be subject to mortgage loan originator licensing requirements. A natural person against whom a cease and desist order has become final shall not qualify for this exemption while under the employment time restrictions of subsection (o) of Code Section 7-1-1004 if such order was based on a violation of Code Section 7-1-1002 or 7-1-1013 or whose license was revoked within five years of the date such person was hired; (15) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans;

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(16) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article;
(17)(A) A natural person who is under an exclusive written independent contractor agreement with any person that is a licensed mortgage broker, so long as such licensed mortgage broker also meets the following requirements, subject to the review and approval of the department:
(i) The licensee continuously provides a surety bond as required by Code Section 7-1-1003.2 in the amount of $150,000.00 plus $50,000.00 per exempt natural person, not to exceed a maximum of $2 million to cover its activities as well as the activities of all of its natural persons exempted by this paragraph; (ii) The licensee has applied for and been granted a mortgage broker license, consistent with the provisions of this article and renewable annually; (iii) The licensee has paid applicable fees for this license, which license fees shall be the sum of the cost of the individual mortgage broker license fees if each exempt natural person received a mortgage broker license; (iv) The licensee has full and direct financial responsibility for the mortgage activities of such natural person and full and direct responsibility for the proper education of such natural person, the handling of consumer complaints related to such natural person, and the supervision of the mortgage activities of such natural person. The licensee shall supervise such natural person on an ongoing and regular basis and shall be accountable for the mortgage activities of such natural person; (v) The licensee or the parent company if the licensee is a wholly owned subsidiary:
(I) Files reports under Section 13(a) or 15(d) of the Securities Exchange Act of 1934; (II) Has a market capitalization in excess of $4 billion at the time of the initial application for a mortgage broker license based on the number of outstanding shares at the end of the quarter as disclosed in the most recent Form 10-Q filed with the United States Securities and Exchange Commission; and (III) Has equity securities that are listed on the New York Stock Exchange, the National Association of Securities Dealers Automated Quotations, or other stock market approved by the department in writing; (vi) At the time of the initial application for a mortgage broker license, the licensee has never had a mortgage lender license or mortgage broker license revoked or suspended in Georgia or any other state; (vii) The licensee, the parent company if the licensee is a wholly owned subsidiary, or an affiliate of the licensee if both the affiliate and licensee are wholly owned subsidiaries of the same parent company, is licensed by the office of the Commissioner of Insurance as an insurance company or is registered with the Secretary of State as a broker-dealer;

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(viii) The licensee is licensed as a mortgage lender or mortgage broker in ten or more states; and (ix) At the time of the initial application for a mortgage broker license, the licensee has received at least a satisfactory evaluation in the most recent examination conducted by the majority of the states in which it has a mortgage broker or mortgage lender license and has adequately addressed with the department any unsatisfactory evaluations in the most recent examination conducted by any state in which it has a mortgage broker or mortgage lender license. (B) To maintain the exemption, a natural person shall: (i) Solicit, process, place, or negotiate a mortgage loan to be brokered only by the licensee; (ii) Be at all times in compliance with this article, including the provisions and prohibitions of Code Section 7-1-1013, the provisions and prohibitions applicable to employees under Code Section 7-1-1004, and the department's rules and regulations; (iii) Be licensed as a mortgage loan originator in Georgia and work exclusively for the licensee, the parent company if the licensee is a wholly owned subsidiary, or an affiliate of the licensee if both the affiliate and licensee are wholly owned subsidiaries of the same parent company; and (iv) Be licensed as an insurance agent with the office of the Commissioner of Insurance or registered as a broker-dealer agent with the Secretary of State on behalf of the licensee, the parent company of the licensee if the licensee is a wholly owned subsidiary of the parent company, or an affiliate of the licensee if both the affiliate and licensee are wholly owned subsidiaries of the same parent company. (18)(A) An employee of a bona fide nonprofit corporation who acts as a mortgage loan originator only with respect to his or her work duties with the bona fide nonprofit corporation and who acts as a mortgage loan originator only with respect to mortgage loans with terms that are favorable to the borrower shall be exempt from obtaining a mortgage loan originator license. In order for a corporation to be considered a bona fide nonprofit corporation under this paragraph, the department shall determine, under criteria and pursuant to processes established by the department, that the nonprofit corporation: (i) Has the status of a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986; (ii) Promotes affordable housing; (iii) Conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes; (iv) Receives funding and revenue and charges fees in a manner that does not incentivize it or its employees to act other than in the best interests of its clients; (v) Compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients;

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(vi) Provides or identifies for the borrower mortgage loans with terms favorable to the borrower and comparable to mortgage loans and housing assistance provided under government housing assistance programs. In order for mortgage loans to have terms that are favorable to the borrower, the department shall determine that the terms are consistent with loan origination in a public or charitable context, rather than in a commercial context; and (vii) Satisfies the exemption from licensure set forth in paragraph (13) of this subsection. (B) The department shall periodically examine the books and activities of an organization it has previously identified as a bona fide nonprofit corporation for purposes of this paragraph in order to determine if it continues to meet the criteria for such status under subparagraph (A) of this paragraph. In conducting such an examination, the department shall have all of the powers set forth in Code Section 7-1-1009. In the event the nonprofit corporation no longer qualifies for such status, then the employee exemption from having a mortgage loan originator license shall no longer be applicable; or (19) Any person who purchases or holds closed mortgage loans for the sole purpose of securitization into a secondary market, provided that such person holds the individual loans for less than seven days." "(d) Any violation of this article or the rules and regulations of the department by a natural person exempted pursuant to paragraph (17) of subsection (a) of this Code section shall be deemed to be a violation by both the licensee and the exempt natural person for purposes of the enforcement provisions of this article."

SECTION 36. Said chapter is further amended by revising subsection (a) of Code Section 7-1-1007, relating to licensee to give notice of certain actions brought against it by a creditor or borrower and notice to the department of cancellation of bond, as follows:
"(a) A licensee shall give written notice to the department of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003.2 or 7-1-1004, or involves a claim for damages in excess of $25,000.00 for a mortgage broker or mortgage loan originator and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment."

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SECTION 37. Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to installment loans, is amended by revising paragraphs (2) and (6) of Code Section 7-3-3, relating to definitions, as follows:
"(2) 'Covered employee' means any employee of a licensee engaged in any function related to making installment loans or servicing installment loans made by others, excluding loans made by affiliated entities." "(6) 'Installment lender' or 'lender' means any person that advertises, solicits, offers, or makes installment loans or services installment loans made by others, excluding loans made by affiliated entities."

SECTION 38. Said chapter is further amended by revising Code Section 7-3-4, relating to licensing requirement and exemptions, as follows:
"7-3-4. (a) No person shall engage in the business of making installment loans or acting as an installment lender in this state unless such person is licensed in accordance with this chapter or exempt from licensure as provided in subsection (b) of this Code section. No person within the operation of this chapter shall charge, contract for, or receive directly or indirectly on or in connection with any loan, any interest, charge, fee, compensation, or consideration which is greater than the rates for same provided in this chapter. (b) This chapter shall not apply to:
(1) Businesses chartered or licensed under the authority of any law of this state or of the United States as banks, trust companies, savings and loan associations, savings banks, or credit unions or to the transactions of such businesses; (2) Banks or credit unions chartered under the authority of any state which have deposits that are federally insured or to the transactions of such businesses; (3) Pawnbrokers, as defined in Code Section 44-12-130, or to the transactions of pawnbrokers; (4) The University System of Georgia or its educational units, private colleges and universities in this state and associations thereof, or student loan transactions of such educational entities; (5) An individual employed by a licensee or any person exempted from the licensing requirements of this chapter when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor; (6) Any agency, division, or instrumentality of the federal government of the United States of America; the government of the State of Georgia or the government of any other state; or any county or municipal government in the State of Georgia; and the transactions of all such governmental entities;

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(7) Retail installment transactions engaged in by retail installment sellers, as those terms are defined in Code Section 10-1-31; (8) Retail installment transactions engaged in by retail sellers, as those terms are defined in Code Section 10-1-2; or (9) Transactions in which a lender offers a consumer a line of credit of more than $3,000.00 but the consumer utilizes $3,000.00 or less of such line of credit so long as there are no restrictions in place that would limit the consumer's ability to utilize more than $3,000.00 of the line of credit at any one time."

SECTION 39. Said chapter is further amended by revising the undesignated paragraph at the beginning of Code Section 7-3-11, relating to maximum loan amount, period, and charges and deferments, as follows:
"Every authorized licensee location under this chapter may lend any sum of money not to exceed $3,000.00, with the term for any individual loan not to exceed a period of 36 months and 15 days or less and may charge, contract for, collect, and receive interest and fees and may require the fulfillment of conditions on such loans as provided in this Code section:"

SECTION 40. Said chapter is further amended by repealing and reenacting Code Section 7-3-16, relating to tax on interest, levy, and penalty for tax to charges, as follows:
"7-3-16. (a) On and after July 1, 2022, in addition to all other fees, license fees, fines, or other charges now or hereafter levied or assessed, there is imposed on each loan made pursuant to this chapter a fee of 0.125 percent of the gross loan amount. Such per loan fee shall become due on the making of any such loan, including, but not limited to, the closing of a loan, the renewal or refinancing of a loan, or a modification of a loan which results in the execution of a new or amended loan agreement. (b) Such per loan fee is levied and assessed against the person so licensed and shall be paid by such person and shall not be added in any manner as an additional fee or charge against the borrower. Such per loan fee shall be remitted to the department at the time and in the manner specified by rules and regulations of the department. (c) In the event any person fails or refuses to remit the fees required by this Code section within the time prescribed, the fees shall bear interest at the rate of 1 percent per month. Interest shall begin to accrue from the date the fees are due until the date the fees are paid. For purposes of this Code section, any period of less than one month shall be considered to be one month. (d) In the event any person fails or refuses to remit the per loans fees required by this Code section within the time prescribed, there shall be added to the fees a penalty equivalent to 25 percent of the fees due, but in no case shall the penalty so added be less than $5.00.

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In the event any person fraudulently remits the incorrect fees, there shall be added to the fees a penalty equivalent to 50 percent of the fees due, but in no case shall the penalty so added be less than $5.00. (e) The 2022 revisions of Code Sections 7-3-16, 7-3-17, and 7-3-18 shall not affect the fees, taxes, and related interest and penalties owed pursuant to the earlier versions of such Code sections for any time prior to the effective date of this Act. (f) The department and its authorized examiners and employees shall have the right to inspect all records of any person licensed pursuant to this chapter, and the department is authorized to promulgate rules and regulations relative to the enforcement of this Code section."

SECTION 41. Said chapter is further amended by repealing and reserving Code Section 7-3-17, relating to
tax on interest, payment, inspection of records, and rules and regulations, as follows: "7-3-17. Reserved."

SECTION 42. Said chapter is further amended by repealing and reserving Code Section 7-3-18, relating to
tax on interest and penalties for late or fraudulent tax payments, as follows: "7-3-18. Reserved."

SECTION 43. Said chapter is further amended by revising subsection (c) of Code Section 7-3-21, relating to bonds required, as follows:
"(c) Payments due under the bond shall include money owed to the department for fees and related interest and penalties under Code Section 7-3-16 and fines or penalties for noncompliance of the licensee with this chapter or rules, regulations, or orders issued pursuant to this chapter."

SECTION 44. Said chapter is further amended by revising subsections (c) and (d) of Code Section 7-3-31, relating to required notifications to be provided by licensee, bond company requirement of notification, and method for providing notice, as follows:
"(c) The corporate surety that issued a licensee a bond pursuant to Code Section 7-3-21 shall send written notice to the department via registered or certified mail or statutory overnight delivery within ten days of paying any claim or judgment to any creditor or claimant with details sufficient to identify the claimant and the claim or judgment so paid."

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SECTION 45.
Said chapter is further amended by revising paragraph (8) of subsection (b) of Code Section 7-3-43, relating to suspension or revocation of licenses, as follows:
"(8) Failed or refused to remit the fee required by Code Section 7-3-16 within the required time period."

SECTION 46. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 7-3-45, relating to cease and desist orders, hearings, and reviews, as follows:
"(1) Except as provided in paragraphs (2) and (3) of this subsection, a person has violated any law of this state or any rule, regulation, or order of the department. This includes, but is not limited to, a person engaging in any activity that would subject a licensee to suspension or revocation of its license under Code Section 7-3-43, whether or not such person is licensed. Such cease and desist order shall be final 20 days from the date of issuance unless the person to whom it is issued requests a hearing in writing within such 20 day period;"

SECTION 47. Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the "Georgia Fair Lending Act," is amended by revising subparagraph (a) of paragraph (17) of Code Section 7-6A-2, relating to definitions, as follows:
"(A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. Section 1026.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(bb), and the regulations adopted pursuant thereto by the Federal Reserve Board, including 12 C.F.R. Section 1026.32; or"

SECTION 48. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

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CONSERVATION AND NATURAL RESOURCES EXTENDS SUNSET DATE FOR CERTAIN HAZARDOUS WASTE FEES.

No. 749 (House Bill No. 893).

AN ACT

To amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to extend the sunset date for certain hazardous waste fees; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, is amended by revising subsection (h) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, as follows:
"(h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2027."

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

Approved May 2, 2022.

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HEALTH ESTABLISHES GEORGIA RARE DISEASE ADVISORY COUNCIL.

No. 750 (House Bill No. 918).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the establishment of the Georgia Rare Disease Advisory Council; to provide for legislative findings; to provide for membership; to provide for the duties and powers of the advisory council; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by enacting a new Chapter 50, which is reserved, to read as follows:

"CHAPTER 50

31-50-1. The General Assembly finds that:
(1) A rare disease, sometimes called an orphan disease, is defined as a disease that affects fewer than 200,000 people in the United States; (2) There are more than 7,000 known rare diseases affecting approximately 25-30 million Americans, more than half of which are children; (3) More than 90 percent of rare diseases do not have a federal Food and Drug Administration (FDA) approved treatment; (4) While the exact cause of many rare diseases remains unknown, many rare diseases are genetic in origin and can be linked to mutations in a single gene, or in multiple genes, which can be passed down from generation to generation; (5) People with rare diseases face many challenges, including delays in obtaining an accurate diagnosis, finding a health care provider with expertise in their condition, and a lack of affordable access to therapies and medications used to treat rare diseases; and (6) A state based advisory council composed of qualified professionals and persons living with rare diseases and their caregivers could educate medical professionals, government agencies, legislators, and the public about rare diseases as an important public health issue and encourage research into the development of new ways to diagnose and treat rare diseases.

31-50-2. (a) There is hereby established the Georgia Rare Disease Advisory Council within the department. (b) The advisory council shall be composed of 16 members as follows:
(1) The following members appointed by the Governor: (A) A chairperson, who shall not be a state employee; (B) One representative from an academic research institution in the state that receives grant funding for rare disease research; (C) One representative from the Division of Medical Assistance Plans of the Department of Community Health; (D) One representative from the Division of Family and Children Services of the Department of Human Services; (E) One representative from the Department of Public Health; and (F) One geneticist licensed and practicing in Georgia;
(2) The following members appointed by the Speaker of the House of Representatives:

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(A) One registered nurse or advanced practice registered nurse licensed and practicing in Georgia with experience treating rare diseases; (B) One physician practicing in Georgia with experience treating rare diseases; (C) One pediatric specialist trained in the care of children with rare disease; (D) One patient who has a rare disease; and (E) One caregiver of a person with a rare disease; and (3) The following members appointed by the Lieutenant Governor: (A) One patient who has a rare disease; (B) One representative of a rare disease patient organization that operates in Georgia; (C) One representative from the biopharma industry; (D) One representative from a health plan company; and (E) One licensed social worker practicing in Georgia with experience working with rare disease patients. (c) All members of the advisory council shall be full-time residents of Georgia. (d) The advisory council shall meet upon the call of the chairperson and shall meet no less than quarterly, either in person or via virtual means. The advisory council shall provide opportunities for the public to provide input. (e) Members of the advisory council shall receive no compensation for their services but shall be allowed actual and necessary expenses in the performance of their duties. Any legislative members of the advisory council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees. Members who are state officials or state employees shall receive no compensation for their services on the advisory council but shall be reimbursed for expenses incurred in the performance of their duties as members of the advisory council in the same manner as reimbursements are made in their capacity as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments.

31-50-3. (a) The purpose of the advisory council shall be to advise the General Assembly and other state agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Georgia. (b) The advisory council shall conduct the following activities to benefit rare disease patients in Georgia:
(1) Convene public hearings, make inquiries, and solicit comments from the general public in Georgia to assist the advisory council with a first-year landscape or survey of the needs of rare disease patients, caregivers, and providers in the state; (2) Consult with health care experts to develop policy recommendations to improve patient access to quality rare disease specialists, affordable and comprehensive health

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care coverage, better access to clinical trials, expansion of telehealth services, relevant diagnostics, timely treatment and to make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of prior authorization, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care for patients; (3) Advise the Department of Community Health with respect to state health plans, including Medicaid, PeachCare for Kids, and the state health benefit plan, in their review of products or medications for the treatment of rare and orphan diseases and drugs or biological products within the emerging fields of personalized medicine and gene-editing therapeutics. The Department of Community Health shall seek input of the advisory council regarding rare diseases and personalized medicine to address topics including, but not limited to, the impact of coverage, cost-sharing, tiering, and utilization management on access to rare disease therapies; (4) Make recommendations to the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of Code Section 31-12-6 as it relates to rare diseases; (5) Publish on the advisory council's website a list of existing, publicly accessible resources on research, diagnosis, treatment, and educational materials for health care providers relating to the rare diseases in Georgia; and (6) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare diseases in Georgia. (c) The advisory council may solicit and accept donations, gifts, grants, property, or matching funds from any public or private source for the use by the council in conducting the activities required pursuant to subsection (b) of this Code section.

31-50-4. No later than June 30, 2023, and annually thereafter, the advisory council shall submit a report to the Governor and the General Assembly. Such annual report shall:
(1) Detail the activities and progress of the advisory council in the prior year; (2) Provide an update on the status of funding of the advisory council, including any grant funds which were solicited, accepted, or used, and any remaining balances; and (3) Provide recommendations to the Governor and General Assembly on ways to address the needs of people living with rare diseases in Georgia. Prior to submission, a draft of the annual report shall be made available for public comment and discussed at an open public meeting."

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

Approved May 2, 2022.

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LOCAL GOVERNMENT CAPS PER DIEM ALLOWANCE FOR DIRECTORS OF CERTAIN DEVELOPMENT AUTHORITIES; PROVIDES ENFORCEMENT PROCEDURES FOR ETHICS CODE VIOLATIONS OF CERTAIN DEVELOPMENT AUTHORITY MEMBERS.

No. 751 (House Bill No. 923).

AN ACT

To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to cap the per diem allowance available to directors of certain development authorities; to provide enforcement procedures for ethics code violations of certain development authority members; to provide 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 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended in Code Section 36-62-4, relating to development authorities created, appointment and terms of directors, quorum, and adoption and filing of resolution of need, by revising subsection (a) as follows:
"(a) There is created in and for each county and municipal corporation in the state a public body corporate and politic to be known as the 'development authority' of such county or municipal corporation, which shall consist of a board of not less than seven and not more than nine directors to be appointed by resolution of the governing body of the county or municipal corporation. At the expiration of the current terms of office of the first four members of the board of directors, the governing body of the county or municipal corporation shall elect successors to such members to serve for initial terms of two years and shall elect successors to the remaining members of the board for initial terms of four years. Thereafter, the terms of all directors shall be for four years. The terms of any directors added to the original seven directors shall be four years. If, at the end of any term of office of any director, a successor thereto has not been elected, the director whose term of office has expired shall continue to hold office until his or her successor is so elected."

SECTION 2. Said chapter is further amended in Code Section 36-62-5, relating to directors, officers, compensation, adoption of bylaws, delegation of powers and duties, conflicts of interest, and audits of development authorities, by revising subsections (c) and (e) as follows:

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"(c) The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties; provided, however, that the directors of the development authority activated by counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties and further provided that any such per diem allowance shall not exceed the per diem allowance set for members of the General Assembly in paragraph (22) of subsection (a) of Code Section 45-7-4."
"(e)(1)(A) The provisions of Code Sections 45-10-3 and 45-10-4 shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 and subparagraph (A) of this paragraph shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. (2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. (3)(A) Concurrent jurisdiction to enforce this subsection is granted to the Georgia Government Transparency and Campaign Finance Commission created under Code Section 21-5-4. (B) Upon formal charges being filed with an alternate enforcement authority provided for in subparagraph (A) of this paragraph relative to a violation of this subsection on the part of a member of any such development authority, the enforcement authority or its

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designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The development authority member so charged shall be given at least 30 days' notice prior to such hearing. If such charges are found to be true, the enforcement authority shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall be in accordance with such chapter. (C) The Georgia Government Transparency and Campaign Finance Commission is vested with the same powers with respect to this Code section as enumerated in Code Section 21-5-6."

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 2, 2022.

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REVENUE AND TAXATION MAXIMUM AMOUNT AND TIME FRAME FOR COLLECTION OF SPECIAL DISTRICT MASS TRANSPORTATION SALES AND USE TAX WHEN COUNTY AND MUNICIPALITY ENTER INTO INTERGOVERNMENTAL AGREEMENT; LIMITS REFERENDUM APPROVAL DAYS.

No. 752 (House Bill No. 934).

AN ACT

To amend Part 1 of Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, so as to provide for the maximum amount and time frame for the collection of such tax when an intergovernmental agreement has been entered into between a county and municipality; to limit the days on which a referendum may be held to approve the imposition of such taxes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 1 of Article 5A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special district mass transportation sales and use tax, is amended in Code Section 48-8-262, relating to notice, agreement memorializing levy and rate of tax, rate, and resolution required, by revising paragraph (2) of subsection (d) as follows:
"(2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation purposes to be funded; (B) The approximate cost of such transportation purposes, which shall be the maximum amount of net proceeds to be raised by the tax; provided, however, that, if an intergovernmental agreement has been entered into pursuant to subsection (b) of this Code section, the maximum amount of net proceeds to be raised shall correspond to the period of time the tax shall be imposed as set forth in subparagraph (C) of this paragraph; and (C) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed five years."

SECTION 2. Said part is further amended in Code Section 48-8-263, relating to ballot question, expenses of election, resubmission of question, and general obligation debt, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) The ballot submitting the question of the imposition of the tax to the voters within the special district shall have written or printed thereon the following:
'( ) YES Shall a special ___ percent sales and use tax be imposed in the special district consisting of _______County for a period of time not to exceed
( ) NO _______ and for the raising of an estimated amount of $_______ for transportation purposes?'"

SECTION 3. Said part is further amended in Code Section 48-8-264, relating to timing of tax, by revising subsection (b) as follows:
"(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the special district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to

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be raised by the tax; provided, however, that, if an intergovernmental agreement has been entered into pursuant to subsection (b) of Code Section 48-8-262, the tax shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax in the resolution."

SECTION 4. Said part is further amended by adding a new Code section to read as follows:
"48-8-264.1. On and after July 1, 2022, notwithstanding any provision of law to the contrary, no referendum to impose a tax authorized by this part shall be held at any time other than:
(1) In odd-numbered years, on the Tuesday after the first Monday in November; or (2) In even-numbered years:
(A) On the date of and in conjunction with the presidential preference primary if one is held that year; (B) On the date of the general primary; or (C) On the Tuesday after the first Monday in November."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to taxes imposed or to be imposed under resolutions or ordinances adopted on or after that date.

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

Approved May 2, 2022.

__________

INSURANCE UPDATES REGULATION OF INSURANCE COMPANY HOLDING SYSTEMS.

No. 753 (House Bill No. 969).

AN ACT

To amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to update the regulation of insurance company holding systems per direction from the National Association of Insurance Commissioners; to provide for definitions; to provide guidelines for group capital calculation in insurance company holding systems; to provide guidelines for liquidity stress test framework in

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insurance company holding systems; to provide standards governing transactions within an insurance holding company system when an insurer is deemed to be in a hazardous financial condition; to provide protections for an affiliate in an insurance holding company system when a domestic insurer is subject to certain proceedings; to provide clarifications on confidentiality and to extend confidentiality protections to third-party consultants designated by the Commissioner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, is amended by revising Code Section 33-13-1, relating to definitions, as follows:
"33-13-1. As used in this article, the term:
(1) 'Affiliate,' including the term 'affiliate of' or 'person affiliated with' a specific person, means a person who directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the person specified. (2) 'Commissioner' means the Commissioner of Insurance, the Commissioner's deputies, or the Department of Insurance, as appropriate. (3) 'Control,' including the terms 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position or corporate office held by the person. Control shall be presumed to exist if any person directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by subsection (k) of Code Section 33-13-4 that control does not exist in fact. The Commissioner may determine after furnishing all persons in interest notice and opportunity to be heard and after making specific findings of fact to support such determination that control exists in fact, notwithstanding the absence of a presumption to that effect. (4) 'Enterprise risk' means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's risk-based capital to fall into company action level as set forth in Chapter 56 of this title or would cause the insurer to be in hazardous financial condition based on the standards prescribed by the Commissioner's rules and regulations.

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(5) 'Group-wide supervisor' means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the Commissioner under Code Section 33-13-7.1 to have sufficient significant contacts with an internationally active insurance group. (6) 'Group capital calculation instructions' mean the group capital calculation instructions as adopted and amended by the NAIC and as adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (7) 'Insurance holding company system' means two or more affiliated persons, one or more of which is an insurer. (8) 'Insurer' shall have the same meaning as set forth in Code Section 33-1-2, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. (9) 'Internationally active insurance group' means an insurance holding company system that includes an insurer registered under Code Section 33-13-4 and that meets the following criteria:
(A) Premiums written in at least three countries; (B) The percentage of gross premiums written outside the United States is at least 10 percent of the insurance holding company system's total gross written premiums; and (C) Based on a three-year rolling average, the total assets of the insurance holding company system are at least $50 billion or the total gross written premiums of the insurance holding company system are at least $10 billion. (10) 'NAIC' means the National Association of Insurance Commissioners. (11) 'NAIC Liquidity Stress Test Framework' means the separate NAIC publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates as adopted and amended by the NAIC and as adopted by regulation by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (12) 'Person' means an individual, a corporation, a limited liability company, a partnership, an association, a joint-stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing real or tangible personal property. (13) 'Scope criteria' as set forth in the NAIC Liquidity Stress Test Framework means the designated exposure bases along with the minimum magnitudes thereof for the specified data year, used to establish a preliminary list of insurers considered scoped into the NAIC Liquidity Stress Test Framework for that data year.

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(14) 'Securityholder' means one who owns any security of a person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing. (15) 'Subsidiary' means an affiliate controlled by a specified person directly or indirectly through one or more intermediaries. (16) 'Voting security' shall include any security convertible into or evidencing a right to acquire a voting security."

SECTION 2. Said chapter is further amended by revising Code Section 33-13-3, relating to the acquisition of control of or merger with domestic insurers, as follows:
"33-13-3. (a) Filing requirements.
(1) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if after the consummation of the agreement the person would directly or indirectly or by conversion or by exercise of any right to acquire be in control of the insurer; and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer or any person controlling a domestic insurer unless at the time the offer, request, or invitation is made or the agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the Commissioner and has sent to the insurer a statement containing the information required by this Code section and the offer, request, invitation, agreement, or acquisition has been approved by the Commissioner in the manner prescribed in subsection (d) of this Code section. (2) For the purposes of this Code section, any controlling person of a domestic insurer seeking to divest its controlling interest in the domestic insurer, in any manner, shall file with the Commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at least 30 days prior to the cessation of control. The Commissioner shall determine those instances in which the party seeking to divest or to acquire a controlling interest in an insurer will be required to file for and obtain approval of the transaction. The information shall remain confidential until the conclusion of the transaction unless the Commissioner, in his or her discretion, determines that confidential treatment will interfere with enforcement of this Code section. If the statement referred to in paragraph (1) of this subsection is otherwise filed, this paragraph shall not apply. (3) With respect to a transaction subject to this Code section, the acquiring person must also file a preacquisition notification with the Commissioner, which shall contain the information set forth in paragraph (1) of subsection (c) of Code Section 33-13-3.1. A failure to file the notification may be subject to penalties specified in paragraph (3) of subsection (e) of Code Section 33-13-3.1.

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(4) For purposes of this Code section, a 'domestic insurer' shall include any person controlling a domestic insurer unless the person, as determined by the Commissioner, is either directly or through its affiliates primarily engaged in business other than the business of insurance. For the purposes of this Code section, 'person' shall not include any securities broker holding, in the usual and customary broker's function, less than 20 percent of the voting securities of an insurance company or of any person which controls an insurance company. (b) Execution and content of statement. The statement to be filed with the Commissioner in accordance with this Code section shall be made under oath or affirmation and shall contain the following information: (1) The name and address of each person, hereinafter called 'acquiring party,' by whom or on whose behalf the merger or other acquisition of control referred to in subsection (a) of this Code section is to be effected and:
(A) If the person is an individual, his or her principal occupation and all offices and positions held during the past five years and any conviction of crimes other than minor traffic violations during the past ten years; and (B) If the person is not an individual, a report of the nature of its business operations during the past five years or for any lesser periods as the person and any predecessors of such person shall have been in existence; an informative description of the business intended to be done by the person and the person's subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of the person or who perform or will perform functions appropriate to the positions. The list shall include for each individual the information required by subparagraph (A) of this paragraph; (2) The source, nature, and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for that purpose, including any pledge of the insurer's stock, or the stock of any of its subsidiaries or controlling affiliates, and the identity of persons furnishing the consideration; provided, however, that where a source of the consideration is a loan made in the lender's ordinary course of business, the identity of the lender shall remain confidential if the person filing the statement so requests; (3) Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party or for any lesser period as the acquiring party and any predecessors of the acquiring party shall have been in existence and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement; (4) Any plans or proposals which each acquiring party may have to liquidate the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management; (5) The number of shares of any security referred to in subsection (a) of this Code section which each acquiring party proposes to acquire and the terms of the offer, request,

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invitation, agreement, or acquisition referred to in subsection (a) of this Code section and a statement as to the method by which the fairness of the proposal was arrived at; (6) The amount of each class of any security referred to in subsection (a) of this Code section which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party; (7) A full description of any contracts, arrangements, or understandings with respect to any security referred to in subsection (a) of this Code section in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies; and the description shall identify the persons with whom the contracts, arrangements, or understandings have been entered into; (8) A description of the purchase by any acquiring party of any security referred to in subsection (a) of this Code section during the 12 calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid; (9) A description of any recommendations to purchase any security referred to in subsection (a) of this Code section made during the 12 calendar months preceding the filing of the statement by any acquiring party or by anyone based upon interviews or at the suggestion of the acquiring party; (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (a) of this Code section and, if distributed, of additional soliciting material relating thereto; (11) The terms of any agreement, contract, or understanding made with or proposed to be made with any broker-dealer as to solicitation of securities referred to in subsection (a) of this Code section for tender and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard to the agreement, contract, or understanding; (12) An agreement by the person required to file the statement referred to in subsection (a) of this Code section that it will provide the annual report, specified in paragraph (1) of subsection (l) of Code Section 33-13-4, for so long as control exists; (13) An acknowledgment by the person required to file the statement referred to in subsection (a) of this Code section that the person and all subsidiaries within its control in the insurance holding company system will provide information to the Commissioner upon request as necessary to evaluate enterprise risk to the insurer; and (14) Any additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders of the insurer or in the public interest. If the person required to file the statement referred to in subsection (a) of this Code section is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by paragraphs (1) through (14) of this subsection

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shall be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation or the person required to file the statement referred to in subsection (a) of this Code section is a corporation, the Commissioner may require that the information called for by paragraphs (1) through (14) of this subsection shall be given with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than 10 percent of the outstanding voting securities of the corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to the insurer pursuant to this Code section, an amendment setting forth the change, together with copies of all documents and other material relevant to the change, shall be filed with the Commissioner and sent to the insurer within two business days after the person learns of the change. (c) Alternate filing materials. If any offer, request, invitation, agreement, or acquisition referred to in subsection (a) of this Code section is proposed to be made by means of a registration statement under the Securities Act of 1933, in circumstances requiring the disclosure of similar information, under the Securities Exchange Act of 1934, or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (a) of this Code section may utilize the documents in furnishing the information called for by that statement. (d) Approval or disapproval by Commissioner; hearings.
(1) The Commissioner shall approve any merger or other acquisition of control referred to in subsection (a) of this Code section unless, after a public hearing thereon, he or she finds that:
(A) After the change of control the domestic insurer referred to in subsection (a) of this Code section would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (B) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this state or tend to create a monopoly. In applying the competitive standard in this subparagraph:
(i) The informational requirements of paragraph (1) of subsection (c) of Code Section 33-13-3.1 and the standards of paragraph (2) of subsection (d) of Code Section 33-13-3.1 shall apply; (ii) The merger or other acquisition shall not be disapproved if the Commissioner finds that any of the situations meeting the criteria provided by paragraph (3) of subsection (d) of Code Section 33-13-3.1 exist; and (iii) The Commissioner may condition the approval of the merger or other acquisition on the removal of the basis of disapproval within a specified period of time; (C) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer or prejudice the interest of its policyholders;

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(D) The plans or proposals which the acquiring party has to liquidate the insurer, to sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management are unfair and unreasonable to policyholders of the insurer and not in the public interest; (E) The competence, experience, and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control; or (F) The acquisition is likely to be hazardous or prejudicial to the insurance buying public. (2) The public hearing referred to in paragraph (1) of this subsection shall be held within 30 days after the statement required by subsection (a) of this Code section is filed; and at least 20 days' notice of the public hearing shall be given by the Commissioner to the person filing the statement. Not less than seven days' notice of the public hearing shall be given by the person filing the statement to the insurer and to any other persons as may be designated by the Commissioner. The Commissioner shall make a determination within the 60 day period preceding the effective date of the proposed transaction. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the superior courts of this state. All discovery proceedings shall be concluded not later than three days prior to the commencement of the public hearing. (3) If the proposed acquisition of control will require the approval of more than one commissioner, the public hearing referred to in paragraph (2) of this subsection may be held on a consolidated basis upon request of the person filing the statement referred to in subsection (a) of this Code section. Such person shall file the statement referred to in subsection (a) of this Code section with the NAIC within five days of making the request for a public hearing. A commissioner may opt out of a consolidated hearing and shall provide notice to the applicant of the opt-out within ten days of the receipt of the statement referred to in subsection (a) of this Code section. A hearing conducted on a consolidated basis shall be public and shall be held within the United States before the commissioners of the states in which the insurers are domiciled. Such commissioners shall hear and receive evidence. A commissioner may attend such hearing, in person or by telecommunication. (4) In connection with a change of control of a domestic insurer, any determination by the Commissioner that the person acquiring control of the insurer shall be required to maintain or restore the capital of the insurer to the level required by the laws and regulations of this state shall be made not later than 60 days after the date of notification of the change in control submitted pursuant to paragraph (1) of subsection (a) of this Code section.

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(5) The Commissioner may retain at the acquiring person's expense any attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing the proposed acquisition of control. (e) Exemptions. This Code section shall not apply to any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt from this Code section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer or as otherwise not comprehended within the purposes of this Code section. (f) Violations. The following shall be violations of this Code section: (1) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a) or (b) of this Code section; or (2) The effectuation or any attempt to effectuate an acquisition of control of or merger with a domestic insurer unless the Commissioner has given approval to the acquisition of control or merger. (g) Jurisdiction; service of process. The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the Commissioner under this Code section and over all actions involving that person arising out of violations of this Code section; and each person shall be deemed to have performed acts equivalent to and constituting an appointment by that person of the Commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this Code section. Copies of all lawful process shall be served on the Commissioner and transmitted by registered or certified mail or statutory overnight delivery by the Commissioner to the person at his or her last known address."

SECTION 3. Said chapter is further amended by revising Code Section 33-13-4, relating to the registration of insurers belonging to holding company systems, as follows:
"33-13-4. (a) Requirement of registration generally. Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained:
(1) In this Code section; (2) In paragraph (1) of subsection (a), subsection (b), and subsection (d) of Code Section 33-13-5; and (3) In either paragraph (2) of subsection (a) of Code Section 33-13-5 or a provision such as the following: 'Each registered insurer shall keep current the information required to

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be disclosed in its registration statement by reporting all material changes or additions within 15 days after the end of the month in which it learns of each change or addition.' Any insurer which is subject to registration under this Code section shall register within 15 days after it becomes subject to registration and annually thereafter by April 30 of each year for the previous calendar year, unless the Commissioner for good cause shown extends the time for registration, and then within the extended time. The Commissioner may require any insurer authorized to do business in this state which is a member of an insurance holding company system, and which is not subject to registration under this Code section, to furnish a copy of the registration statement, the summary specified in subsection (c) of this Code section, or other information filed by the insurance company with the insurance regulatory authority of its domiciliary jurisdiction. (b) Contents of registration statement. Every insurer subject to registration shall file a registration statement with the Commissioner on a form and in a format prescribed by the NAIC and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner, which statement shall contain current information about: (1) The capital structure, general financial condition, ownership, and management of the insurer and any person controlling the insurer; (2) The identity of every member of the insurance holding company system; (3) The following agreements in force, relationships subsisting, and transactions outstanding between such insurer and its affiliates:
(A) Loans, other investments, or purchases, sales, or exchanges of the affiliates by the insurer or of the insurer by its affiliates; (B) Purchases, sales, or exchanges of assets; (C) Transactions not in the ordinary course of business; (D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability other than insurance contracts entered into in the ordinary course of the insurer's business; (E) All management and service contracts and all cost-sharing arrangements; (F) Reinsurance agreements; (G) Dividends and other distributions to shareholders; and (H) Consolidated tax allocation agreements; (4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system; (5) If requested by the Commissioner, financial statements of or within an insurance holding company system, including all affiliates. Financial statements may include, but are not limited to, annual audited financial statements filed with the federal Securities and Exchange Commission pursuant to the federal Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. An insurer required to file financial statements pursuant to this paragraph may satisfy the request by providing the

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Commissioner with the most recently filed parent corporation financial statements filed with the Securities and Exchange Commission; (6) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner; (7) Statements that the insurer's board of directors is responsible for and oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures; and (8) Any other information required by the Commissioner by rule or regulation. (c) Summary of changes to registration statement. All registration statements shall contain a summary outlining all items in the current registration statement representing changes from the prior registration statement. (d) Disclosure of nonmaterial information. No information need be disclosed on the registration statement filed pursuant to subsection (b) of this Code section if the information is not material for the purposes of this Code section. Unless the Commissioner by rule, regulation, or order provides otherwise, sales, purchases, exchanges, loans, extensions of credit, or investments involving one-half of 1 percent or less of an insurer's admitted assets as of December 31 of the preceding year shall not be deemed material for purposes of this Code section. The definition of materiality provided in this subsection shall not apply for purposes of the group capital calculation or the NAIC Liquidity Stress Test Framework. (e) Reporting dividends to shareholders. Subject to subsection (b) of Code Section 33-13-5, each registered insurer shall report to the Commissioner all dividends and other distributions to shareholders within 15 business days following the declaration thereof. (f) Information of insurers. Any person within an insurance holding company system subject to registration shall be required to provide complete and accurate information to an insurer, where the information is reasonably necessary to enable the insurer to comply with the provisions of this article. (g) Termination of registration. The Commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (h) Filing of consolidated registration. The Commissioner may require or allow two or more affiliated insurers subject to registration under this Code section to file a consolidated registration statement. (i) Filing of registration for affiliated insurer. The Commissioner may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) of this Code section and to file all information and material required to be filed under this Code section.

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(j) Exemptions. This Code section shall not apply to any insurer, information, or transaction if and to the extent that the Commissioner by rule, regulation, or order shall exempt the same from this Code section. (k) Filing of disclaimer. Any person may file with the Commissioner a disclaimer of affiliation with any authorized insurer or the disclaimer may be filed by the insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between the persons and the insurer as well as the basis for disclaiming the affiliation. A disclaimer of affiliation shall be deemed to have been granted unless the Commissioner, within 30 days following receipt of a complete disclaimer, notifies the filing party the disclaimer is disallowed. In the event of disallowance, the disclaiming party may request an administrative hearing, which shall be granted. The disclaiming party shall be relieved of its duty to register under this Code section if approval of the disclaimer has been granted by the Commissioner, or if the disclaimer is deemed to have been approved.
(l)(1) Enterprise risk filing. The ultimate controlling person of every insurer subject to registration shall also file an annual enterprise risk report. The report shall, to the best of the ultimate controlling person's knowledge and belief, identify the material risks within the insurance holding company system that could pose enterprise risk to the insurer. The report shall be filed with the lead state commissioner of the insurance holding system as determined by the procedures within the Financial Analysis Handbook adopted by the NAIC and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner. (2) Group capital calculation. Except as provided below, the ultimate controlling person of every insurer subject to registration shall concurrently file with the registration an annual group capital calculation as directed by the lead state commissioner. The report shall be completed in accordance with the NAIC group capital calculation instructions, which may permit the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation. The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the Commissioner in accordance with the procedures within the Financial Analysis Handbook adopted by the NAIC. Insurance holding company systems described below are exempt from filing the group capital calculation:
(A) An insurance holding company system that has only one insurer within its holding company structure, that only writes business and is only licensed in its domestic state, and assumes no business for any other insurer; (B) An insurance holding company system that is required to perform a group capital calculation specified by the United States Federal Reserve Board. The lead state commissioner shall request the calculation from the Federal Reserve Board under the terms of information sharing agreements in effect. If the Federal Reserve Board cannot share the calculation with the lead state commissioner, the insurance holding company system is not exempt from the group capital calculation filing;

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(C) An insurance holding company system whose non-United States group-wide supervisor is located within a reciprocal jurisdiction as described in division (a)(6)(A)(i) of Code Section 33-7-14 that recognizes the United States state regulatory approach to group supervision and group capital; (D) An insurance holding company system:
(i) That provides information to the lead state that meets the requirements for accreditation under the NAIC financial standards and accreditation program, either directly or indirectly through the group-wide supervisor, who has determined such information is satisfactory to allow the lead state to comply with the NAIC Financial Analysis Handbook; and (ii) Whose non-United States group-wide supervisor that is not in a reciprocal jurisdiction recognizes and accepts, as specified by the Commissioner in regulation, the group capital calculation as the world-wide group capital assessment for United States insurance groups who operate in that jurisdiction; (E) Notwithstanding the provisions of subparagraphs (C) and (D) of this paragraph, a lead state commissioner shall require the group capital calculation for United States operations of any non-United States based insurance holding company system where, after any necessary consultation with other supervisors or officials, it is deemed appropriate by the lead state commissioner for prudential oversight and solvency monitoring purposes or for ensuring the competitiveness of the insurance marketplace; (F) Notwithstanding the provisions of subparagraphs (A) and (D) of this paragraph, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group capital calculation or to accept a limited group capital filing or report in accordance with criteria as specified by the commissioner in regulation; and (G) If the lead state commissioner determines that an insurance holding company system no longer meets one or more of the requirements for an exemption from filing the group capital calculation under this subsection, the insurance holding company system shall file the group capital calculation at the next annual filing date unless given an extension by the lead state commissioner based on reasonable grounds shown. (3) Liquidity stress test. The ultimate controlling person of every insurer subject to registration and also scoped into the NAIC Liquidity Stress Test Framework shall file the results of a specific year's liquidity stress test. The filing shall be made to the lead state insurance commissioner of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the NAIC: (A)(i) The NAIC Liquidity Stress Test Framework includes scope criteria applicable to a specific data year. These scope criteria are reviewed at least annually by the NAIC Financial Stability Task Force or its successor. Any change to the NAIC Liquidity Stress Test Framework or to the data year for which the scope criteria are to be measured shall be effective on January 1 of the year following the calendar year when such changes are adopted.

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(ii) Insurers meeting at least one threshold of the scope criteria are considered scoped into the NAIC Liquidity Stress Test Framework for the specified data year unless the lead state insurance commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines the insurer should not be scoped into such framework for that data year. (iii) Insurers that do not trigger at least one threshold of the scope criteria are considered scoped out of the NAIC Liquidity Stress Test Framework for the specified data year, unless the lead state insurance commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines the insurer should be scoped into such framework for that data year. (iv) The lead state insurance commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, will assess the concern that state regulators wish to avoid having insurers scoped in and out of the NAIC Liquidity Stress Test Framework on a frequent basis as part of the determination for an insurer; and (B) The performance of, and filing of the results from, a specific year's liquidity stress test shall comply with the NAIC Liquidity Stress Test Framework's instructions and reporting templates for that year and any lead state insurance commissioner determinations, in consultation with the NAIC Financial Stability Task Force or its successor, provided within such framework. (m) Violations. The failure to file a registration statement or any amendment to the registration statement required by this Code section within the time specified for the filing shall be a violation of this Code section."

SECTION 4. Said chapter is further amended by revising Code Section 33-13-5, relating to the standards governing transactions by registered insurers with affiliates generally, extraordinary distributions, and adequacy of surplus, as follows:
"33-13-5. (a)(1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (A) The terms shall be fair and reasonable; (B) Agreements for cost sharing services and management shall include such provisions as required by the Commissioner by rule or regulation; (C) Charges or fees for services performed shall be reasonable; (D) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied; (E) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties;

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(F) The insurer's surplus with regard to policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs;
(G)(i) If an insurer subject to this article is deemed by the Commissioner to be in a hazardous financial condition based upon standards prescribed by the Commissioner's rules and regulations or a condition that would be grounds for supervision, conservation, or a delinquency proceeding, then the Commissioner may require the insurer to secure and maintain either a deposit, held by the Commissioner, or a bond, as determined by the insurer at the insurer's discretion, for the protection of the insurer for the duration of any contracts or agreements or the existence of the condition for which the Commissioner required the deposit or the bond. (ii) In determining whether a deposit or a bond is required, the Commissioner should consider whether concerns exist with respect to the affiliated person's ability to fulfill any contracts or agreements if the insurer were to be put into liquidation. Once the insurer is deemed to be in a hazardous financial condition or a condition that would be grounds for supervision, conservation, or a delinquency proceeding, and a deposit or bond is necessary, the Commissioner has discretion to determine the amount of the deposit or bond, not to exceed the value of the contracts or agreements in any one year, and whether such deposit or bond should be required for a single contract, multiple contracts, or a contract only with a specified person or persons; (H)(i) All records and data of the insurer held by an affiliate are and remain the property of the insurer, are subject to control of the insurer, are identifiable, and are segregated or readily capable of segregation, at no additional cost to the insurer, for all other persons' records and data. This includes all records and data that are otherwise the property of the insurer, in whatever form maintained, including but not limited to: claims and claims files; policyholder lists; application files; litigation files; premium records; rate books; underwriting manuals; personnel records; financial records; and similar records within the possession, custody, or control of the affiliate. (ii) At the request of the insurer, the affiliate shall provide that the receiver can: obtain a complete set of all records of any type that pertain to the insurer's business; obtain access to the operational systems on which the data is maintained; obtain the software that runs those systems either through assumption of licensing agreements or otherwise; and restrict the use of the data by the affiliate if it is not operating the insurer's business. The affiliate shall provide a waiver of any landlord lien or other encumbrance to give the insurer access to all records and data in the event of the affiliates' default under a lease other agreement; and (I) Premiums or other funds belonging to the insurer that are collected by or held by an affiliate are the exclusive property of the insurer and are subject to the control of the insurer. Any right of offset in the event an insurer is placed into receivership shall be subjected to Chapter 37 of this title.

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(2) The following transactions involving a domestic insurer and any person in its holding company system, including amendments or modifications of affiliate agreements previously filed pursuant to this Code section, which are subject to any materiality standards contained in subparagraphs (A) through (G) of this paragraph, may not be entered into unless the insurer has notified the Commissioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period. The notice for amendments or modifications shall include the reasons for the change and the financial impact on the domestic insurer. Informal notice shall be reported, within 30 days after a termination of a previously filed agreement, to the Commissioner for determination of the type of filing required, if any:
(A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or investments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the proceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in any affiliate of the insurer making such loans or extensions of credit to purchase assets of, or to make investments in, any affiliate of the insurer making the loans or extensions of credit, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto, including:
(i) All reinsurance pooling agreements; and (ii) Agreements in which the reinsurance premium or a change in the insurer's liabilities, or the projected reinsurance premium or a change in the insurer's liabilities in any of the next three years, equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of the assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, tax allocation agreements, guarantees, and all cost-sharing agreements; (E) Guarantees when made by a domestic insurer; provided, however, that a guarantee which is quantifiable as to amount is not subject to the notice requirements of this paragraph unless it exceeds the lesser of one-half of 1 percent of the insurer's admitted

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assets or 10 percent of surplus as regards policyholders as of December 31 next preceding. Further, all guarantees which are not quantifiable as to amount are subject to the notice requirements of this paragraph; (F) Direct or indirect acquisitions or investments in a person that controls the insurer or in an affiliate of the insurer in an agreement which, together with its present holdings in such investments, exceeds 2 1/2 percent of the insurer's surplus to policyholders. Direct or indirect acquisitions or investments in subsidiaries acquired pursuant to Code Section 33-13-2 or authorized under any other Code section of this title, or in nonsubsidiary insurance affiliates that are subject to the provisions of this article, are exempt from this requirement; and (G) Any material transactions, specified by regulation, which the Commissioner determines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transactions which, in the case of an insurer that is not a member of the same holding company system, would be otherwise contrary to law. (3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, the Commissioner may exercise his or her authority under Code Section 33-13-11. (4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this subsection, shall consider whether the transactions comply with the standards set forth in paragraph (1) of this subsection and whether they may adversely affect the interests of policyholders. (5) The Commissioner shall be notified within 30 days of any investment of the domestic insurer in any one corporation if the total investment in such corporation by the insurance holding company system exceeds 10 percent of such corporation's voting securities. (6)(A) Any affiliate that is party to an agreement or contract with a domestic insurer that is subject to subparagraph (a)(2)(D) of this Code section shall be subject to the jurisdiction of any supervision, seizure, conservatorship, or receivership proceedings against the insurer and to the authority of any supervisor, conservator, rehabilitator, or liquidator for the insurer appointed pursuant to Chapter 37 of this title for the purpose of interpreting, enforcing, and overseeing the affiliates' obligations under the agreement or contract to perform services for the insurer that:
(i) Are an integral part of the insurer's operations, including but not limited to: management; administration; accounting; data processing; marketing; underwriting; claims handling; investment; and any other similar functions; or (ii) Are essential to the insurer's ability to fulfill its obligations under insurance policies.

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(B) The Commissioner may require that an agreement or contract pursuant to subparagraph (a)(2)(D) of this Code section for the provision of services described in divisions (i) and (ii) of subparagraph (A) of this paragraph specify that the affiliate consents to the jurisdiction as set forth in this paragraph. (b)(1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution to its shareholders until 30 days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or until the Commissioner has approved such payment within such 30 day period. (2) For the purposes of this subsection, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the greater of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. (3) In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry-forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years. (4) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the Commissioner has approved the payment of such a dividend or distribution or the Commissioner has not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this article, in determining whether an insurer's surplus with regard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification, and liquidity of the insurer's investment portfolio;

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(7) The recent past and projected future trend in the size of the insurer's surplus as regards policyholders; (8) The surplus with regard to policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in the judgment of the Commissioner the investment so warrants."

SECTION 5. Said chapter is further amended by revising Code Section 33-13-8, relating to confidentiality of information and documents obtained during examinations or investigations, sharing certain information, not delegation of regulatory authority or rule making, and responsibility for enforcement, as follows:
"33-13-8. (a)(1) Documents, materials, or other information in the possession or control of the department that are obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to Code Section 33-13-6 and all information reported or provided to the department pursuant to paragraphs (12) and (13) of subsection (b) of Code Section 33-13-3 and Code Sections 33-13-4, 33-13-5, and 33-13-7.1 are recognized by this state as being proprietary and to contain trade secrets, and shall be confidential by law and privileged, shall not be subject to public disclosure under Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner's official duties. The Commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates that would be affected thereby notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part in such manner as may be deemed appropriate. (2) For purposes of the information reported and provided to the department pursuant to paragraph (2) of subsection (l) of Code Section 33-13-4, the Commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the Federal Reserve Board or any United States group-wide supervisor. (3) For purposes of the information reported and provided to the department pursuant to paragraph (3) of subsection (l) of Code Section 33-13-4, the Commissioner shall maintain

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the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the Federal Reserve Board and non-United States group-wide supervisors. (b) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner or with whom such documents, materials, or other information are shared pursuant to this article shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or other information subject to subsection (a) of this Code section. (c) In order to assist in the performance of the Commissioner's duties, the Commissioner: (1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to subsection (a) of this Code section, and including proprietary and trade secret documents and materials, with other state, federal, and international regulatory agencies, with the NAIC, any third-party consultant designated by the Commissioner, and state, federal, and international law enforcement authorities, including members of any supervisory college described in Code Section 33-13-7, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information and has verified in writing the legal authority to maintain confidentiality; (2) Notwithstanding paragraph (1) of this subsection, may only share confidential and privileged documents, materials, or other information reported pursuant to paragraph (1) of subsection (l) of Code Section 33-13-4 with commissioners of states having statutes or regulations substantially similar to subsection (a) of this Code section and who have agreed in writing not to disclose such information; (3) May receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, including proprietary and trade secret information from the NAIC and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information; and (4) Shall enter into written agreements with the NAIC and any third-party consultant designated by the Commissioner governing sharing and use of information provided pursuant to this article consistent with this subsection that shall:
(A) Specify procedures and protocols regarding the confidentiality and security of information shared with the NAIC or a third-party consultant designated by the Commissioner pursuant to this article, including procedures and protocols for sharing by the NAIC with other state, federal, and international regulatory agencies. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information and has verified in writing the legal authority to maintain such confidentiality;

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(B) Specify that ownership of information shared with the NAIC or a third-party consultant designated by the Commissioner pursuant to this article remains with the Commissioner and that the NAIC's or designated third-party consultant's use of the information is subject to the direction of the Commissioner; (C) Excluding documents, materials, or information reported pursuant to paragraph (3) of subsection (l) of Code Section 33-13-4, prohibit the NAIC or a third-party consultant designated by the Commissioner from storing the information shared pursuant to this article in a permanent database after the underlying analysis is completed; (D) Require prompt notice to be given to an insurer whose confidential information in the possession of the NAIC or a third-party consultant designated by the Commissioner pursuant to this article is subject to a request or subpoena to the NAIC a third-party consultant designated by the Commissioner for disclosure or production; (E) Require the NAIC or a third-party consultant designated by the Commissioner to consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant designated by the Commissioner may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant designated by the Commissioner pursuant to this article; and (F) For documents, materials, or information reporting pursuant to paragraph (3) of subsection (l) of Code Section 33-13-4, in the case of an agreement with a third-party consultant designated by the Commissioner, provide for notification of the identity of the consultant to the applicable insurers. (d) The sharing of information by the Commissioner pursuant to this article shall not constitute a delegation of regulatory authority or rule making, and the Commissioner is solely responsible for the administration, execution, and enforcement of the provisions of this article. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized in subsection (c) of this Code section. (f) Documents, materials, or other information in the possession or control of the NAIC or a third-party consultant designated by the Commissioner pursuant to this article shall be confidential by law and privileged, shall not be subject to the open records laws, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. (g) The group capital calculation and resulting group capital ratio required under paragraph (2) of subsection (l) of Code Section 33-13-4 and the liquidity stress test along with its results and supporting disclosures required under paragraph (3) of subsection (l) of Code Section 33-13-4 are regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance company systems generally. Therefore, except as otherwise may be required under the provisions of this article, the making, publishing, disseminating, circulating, or

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placing before the public, or causing directly or indirectly to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station or any electronic means of communication available to the public, or in any other way as an advertisement, announcement, or statement containing a representation or statement with regard to the group capital calculation, group capital ratio, the liquidity stress test results, or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by any insurer, broker, or other person engaged in any manner in the insurance business would be misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the group capital calculation, resulting group capital ratio, an inappropriate comparison of any amount to an insurer's or insurance group's group capital calculation or resulting group capital ratio, liquidity stress test result, supporting disclosures for the liquidity stress test, or an inappropriate comparison of any amount to an insurer's or insurance group's liquidity stress test result or supporting disclosures is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of such statement or the inappropriateness, as the case may be, then the insurer may publish announcements in a written publication if the sole purpose of the announcement is to rebut the materially false statement."

SECTION 6. This Act shall become effective on July 1, 2022.

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

Approved May 2, 2022.

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PROPERTY PROVIDES FOR ELECTRONIC FILING OF RECORDED INSTRUMENTS; EFFECT OF MISSING OR INCORRECT TAX PARCEL IDENTIFICATION NUMBER; REQUIRES CERTAIN INFORMATION ON FIRST PAGE OF SECURITY DEEDS.

No. 754 (House Bill No. 974).

AN ACT

To amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to provide for electronic filing; to provide for the effect of a missing or incorrect tax parcel identification number on a recorded instrument; to provide for construction; to amend Chapter 14 of Title 44, relating to mortgages, conveyances to secure debt, and liens, so as to require certain information on the first page of security deeds; 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 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, is amended by revising Code Section 44-2-2, relating to duty of clerk to record certain transactions affecting real estate and personal property, priority of recorded instruments, and effect of recording on rights between parties to instruments, as follows:
"44-2-2. (a)(1) The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property: (A) Deeds; (B) Mortgages; (C) Liens as provided for by law; (D) Maps or plats relating to real estate in the county; and (E) State tax executions and state tax execution renewals as provided for in Article 2 of Chapter 3 of Title 48. (2) As used in this subsection, the term 'liens' shall have the same meaning as described in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided by state or federal statute.

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(3) When indexing liens, the clerk shall index the names of parties in the manner provided by such rules and regulations adopted by the Georgia Superior Court Clerks' Cooperative Authority pursuant to the provisions of Code Section 15-6-61 as authorized by Code Section 15-6-97. (4) When indexing maps or plats relating to real estate in the county, the clerk of the superior court shall index the names or titles provided in the caption of the plat. (b) Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerk's office. (c) The clerk of the superior court shall offer electronic filing for the recording of all instruments listed in paragraph (1) of subsection (a) of this Code section. (d) The clerk of the superior court shall make available a public computer terminal which provides a filer with access to the Georgia Superior Court Clerks' Cooperative Authority's electronic filing portal. (e) The presence of an incorrect tax parcel identification number, or the absence of a tax parcel identification number, on a recorded instrument shall not: (1) Void or render voidable such instrument; (2) Affect the validity, enforceability, or priority of such instrument; or (3) Affect any notice, constructive or otherwise, provided by the recordation of such instrument. (f) Nothing in this Code section shall be construed to affect the validity, enforceability, or priority of any deed, mortgage, judgment, or lien of any kind between the parties thereto."

SECTION 2. Chapter 14 of Title 44, relating to mortgages, conveyances to secure debt, and liens, is amended by revising Code Section 44-14-63, relating to recording of deeds to secure debt and bills of sale to secure debt and effect of failure to record, as follows:
"44-14-63. (a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them. (b) A deed to secure debt shall not be recorded unless it includes the following information on the first page:
(1) The date of the document; (2) The names of the signatories of the document; (3) The grantee's mailing address; (4) Map and parcel identification information, if applicable;

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(5) The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification; (6) The initial maturity date or dates for such debt; (7) The amount, if any, of the intangible recording tax imposed on such deed to secure debt; (8) The amount, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed; and (9) If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax. (c) Failure to comply with this Code section shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt."

SECTION 3. This Act shall become effective on July 1, 2023.

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

Approved May 2, 2022.

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MOTOR VEHICLES AND TRAFFIC EXEMPTS LOW-SPEED VEHICLES FROM CERTAIN PERMITTING REQUIREMENTS RELATING TO LIGHTS.

No. 755 (House Bill No. 1011).

AN ACT

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 low-speed vehicles from permitting requirements relating to amber strobe lights or emergency vehicle designation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by revising Code Section 40-8-35, relating to operating low-speed vehicles on highway and issuance of permit, as follows:
"40-8-35. 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."

SECTION 2. Said chapter is further amended by revising Code Section 40-8-92, relating to designation of emergency vehicles, flashing or revolving lights, permits, fee, and prohibition against use of flashing or revolving green lights by private persons on public property, as follows:
"40-8-92. (a) All emergency vehicles shall be designated as such by the commissioner of public safety. The commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light. Any and all ambulances, as defined in Code Section 31-11-2, licensed by this state shall not be required to have a permit for the use of a red light. Any low-speed vehicle shall not be required to have a permit for the use of an amber strobe light. (b) The commissioner shall authorize the use of red or amber flashing or revolving lights only when the person or governmental agency shall demonstrate to the commissioner a proven need for equipping a vehicle with emergency lights. The fee for such lights shall be $2.00, provided that no federal, state, county, or municipal governmental agency or an ambulance provider, as defined in Code Section 31-11-2, shall be required to pay such fee. (c) Nothing contained in this Code section shall prohibit the commissioner from issuing a single special use permit to cover more than one vehicle, provided each vehicle covered under such special use permit shall pay the fee specified in subsection (b) of this Code section. (d) Except as provided in this subsection, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle or to park any motor vehicle on public property with flashing or revolving green lights. This subsection shall not apply to any motor vehicle being used by any law enforcement agency, fire department, emergency

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management agency, or other governmental entity to designate the location of the command post for such agency, department, or entity at the site of an emergency."

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

Approved May 2, 2022.

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INSURANCE DECREASE MINIMUM NONFORFEITURE INTEREST RATE FOR INDIVIDUAL DEFERRED ANNUITIES.

No. 756 (House Bill No. 1021).

AN ACT

To amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to decrease the minimum nonforfeiture interest rate for individual deferred annuities from 1 percent to 0.15 percent; 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 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, is amended by revising subsection (d) as follows:
"(d) The minimum values as specified in subsections (e) through (h) and (j) of this Code section of any paid-up annuity, cash surrender, or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined by the Commissioner by rule and regulation based upon interest rates set by the Commissioner to reflect current and prevailing economic and financial conditions; provided, however, that such interest rates shall not be less than 0.15 percent per annum nor more than 3 percent per annum."

SECTION 2. This Act shall become effective July 1, 2022, and shall apply to all applicable contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

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

Approved May 2, 2022.

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REVENUE AND TAXATION REVISES EXEMPTION FOR SALES OF ADMISSIONS TO NONRECURRING MAJOR SPORTING EVENTS; AMENDS DEFINITION OF "MAJOR SPORTING EVENT" TO INCLUDE ANY MATCH OF A FIFA WORLD CUP.

No. 757 (House Bill No. 1034).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to revise the exemption for sales of admissions to nonrecurring major sporting events; to amend the definition of "major sporting event" to include any match of a FIFA World Cup; to extend the sunset provision for the exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended in paragraph (97) as follows:
"(97)(A) Sales of admissions to nonrecurring major sporting events in this state expected to generate over $50 million in the host locality. (B) As used in this paragraph, the term 'major sporting event' means the National Football League championship game; any semifinal game or championship game of a national collegiate tournament; a Major League Baseball, Major League Soccer, or National Basketball Association all-star game; any match of a FIFA World Cup; or any other nonrecurring major sporting event determined by the commissioner of economic development and the state revenue commissioner to be a major sporting event. (C) As used in this paragraph, the term 'nonrecurring' means not occurring in this state more than once every three years. (D) The revenue projections for purposes of this paragraph shall include, but not be limited to, lodging, meals, vehicle rentals, and admissions to tourist attractions. (E) Determinations made under this paragraph by the commissioners on or after July 1, 2016, shall be made prior to the date of the convening of the General Assembly

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immediately preceding the awarding of the sales tax exemption for a major sporting event. Such a determination shall become effective either 30 days prior to the major sporting event or on the first fiscal day of the fiscal year immediately following a year during which such determination was made, whichever is earlier. Such a determination may be rendered null and void by a joint resolution passed by both chambers of the General Assembly. In the event that the presiding officers of the General Assembly, in their discretion, choose to introduce such a joint resolution, a special committee in each respective chamber of the General Assembly will be appointed by the presiding officers of both chambers of the General Assembly for the purpose of considering such a joint resolution, subject to the rules of both respective chambers. (F) This paragraph shall stand automatically repealed on December 31, 2031; provided, however, that this repeal shall not apply to any event for which an application has been submitted prior to December 31, 2031;"

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

Approved May 2, 2022.

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MOTOR VEHICLES AND TRAFFIC REVISES DEFINITION OF ALL-TERRAIN VEHICLE.
No. 758 (House Bill No. 1055).
AN ACT
To amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to revise the definition of "all-terrain vehicle"; 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 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, is amended by revising paragraph (3) as follows:
"(3) 'All-terrain vehicle' means a motorized vehicle originally manufactured for off-highway use which is equipped with three or more nonhighway tires, is 80 inches or less in width with a dry weight of 3,500 pounds or less, and is designed for or capable of

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cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain."

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

Approved May 2, 2022.

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RETIREMENT AND PENSIONS REPEALS CERTAIN RESTRICTIONS AND REQUIREMENTS CONCERNING AUTHORITY TO MAKE ALTERNATIVE
INVESTMENTS AND INCREASES PERCENTAGE OF ALTERNATIVE INVESTMENTS ALLOWABLE FOR GEORGIA FIREFIGHTERS' PENSION FUND.

No. 759 (House Bill No. 1056).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal certain restrictions and requirements concerning the authority to make alternative investments for the Georgia Firefighters' Pension Fund; to increase the percentage of alternative investments allowable for the Georgia Firefighters' Pension Fund; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Chapter 7, relating to the Georgia Firefighters' Pension Fund, by repealing Code Section 47-7-127, relating to the definition of alternative investments and a code of ethics.

SECTION 2. Said title is further amended in Chapter 20, relating to public retirement systems standards, by revising subsection (d) of Code Section 47-20-87, relating to eligible large retirement systems authorized to invest in certain alternative investments, as follows:
"(d)(1)(A) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 10 percent of the eligible large retirement system's assets at any time.

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(B) Notwithstanding subparagraph (A) of this paragraph, alternative investments by the Georgia Firefighters' Pension Fund shall not in the aggregate exceed 15 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. (2) The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section that is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated as an alternative investment made pursuant to this Code section and subject to and included within the percentage limitations provided in paragraph (1) of this subsection or as an investment made pursuant to Code Section 47-20-83. (3) If an eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance, the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance."

SECTION 3. 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 2, 2022.

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INSURANCE EXCLUSIONS TO UNFAIR TRADE PRACTICES AND UNLAWFUL INDUCEMENTS; PROVIDES FOR VALUE-ADDED PRODUCTS OR SERVICES.

No. 760 (House Bill No. 1059).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for exclusions to unfair trade practices and unlawful inducements; to allow an insurer or insurance producer to offer or provide a value-added product or service under certain conditions; to allow an insurer or insurance producer to implement a pilot program offering or providing a value-added product or service under certain conditions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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:
"33-24-59.31. The following shall not be construed as an unfair trade practice under subsection (b) of Code Section 33-6-4 or an unlawful inducement under subsection (c) of Code Section 33-9-36:
(1) An insurer or insurance producer, by or through employees, affiliates, or third-party representatives, may offer or provide a value-added product or service at no or reduced cost when such product or service is not specified in the policy of insurance when:
(A) The value-added product or service relates to the insurance coverage; (B) The value-added product or service is offered in a manner that is not unfairly discriminatory, and the availability of the value-added product or service is based on documented objective criteria that is maintained by the insurer or insurance producer and produced upon request by the Commissioner; (C) The cost to the insurer or insurance producer for offering or providing the value-added product or service is reasonable in comparison to the premiums or insurance coverage for the policy class; and (D) The value-added product or service is primarily designed to:
(i) Provide loss mitigation or loss control; (ii) Reduce claim costs or claim settlement costs; (iii) Provide education about liability risks or risk of loss to persons or property;

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(iv) Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; (v) Provide post-loss services; or (vi) Encourage behavioral changes to reduce the risk of death or disability of a customer or potential customer that is a policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured or applicant; and (2) When an insurer or insurance producer does not have sufficient evidence but has a good-faith belief that the value-added product or service meets the criteria in subparagraph (D) of paragraph (1) of this Code section, the insurer or insurance producer may offer or provide a value-added product or service in a manner that is not unfairly discriminatory as part of a pilot program for no more than a year. An insurer or insurance producer must notify the Commissioner prior to implementing the pilot program and may proceed with such program unless the Commissioner objects in writing within 21 days of notice."

SECTION 2. This Act shall become effective on July 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 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

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HEALTH LOWERS AGE FOR INFLUENZA VACCINATIONS FOR CERTAIN INPATIENTS PRIOR TO HOSPITAL DISCHARGE.

No. 761 (House Bill No. 1086).

AN ACT

To amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to lower the age to 50 years old for hospitals to offer inpatients vaccinations for the influenza virus prior to discharge; 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 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, is amended by revising subsection (a) as follows:
"(a) Prior to discharging any inpatient who is 50 years of age or older, a hospital shall offer the inpatient a vaccination for the influenza virus. Prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient a vaccination for pneumococcal disease. Such vaccinations shall be provided in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department, unless contraindicated and contingent on availability of such vaccine. A hospital may offer other patients such vaccinations in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospital's medical staff."

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

Approved May 2, 2022.

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PROPERTY AUTHORIZES NONJUDICIAL FORECLOSURE OF TIME-SHARE ESTATES.

No. 762 (House Bill No. 1088).

AN ACT

To amend Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding time-share projects and programs, so as to authorize nonjudicial foreclosure of time-share estates; to provide for notice; to provide for transfer of title; to provide for a power of 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:

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SECTION 1. Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding time-share projects and programs, is amended by adding a new Code section to read as follows:
"44-3-206. (a) An owners' association may foreclose its lien upon a time-share estate in accordance with subsection (c) of Code Section 44-3-109 or may foreclose its lien under a power of sale that such owners' association shall have under this Code section in order to sell a time-share estate for the purpose of paying any or all unpaid assessments and other charges owed by the owner of such time-share estate.
(b)(1) In order for an owners' association to foreclose its lien upon a time-share estate under a power of sale, a notice of sale shall be:
(A) Accomplished in writing sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address of the owner most recently provided to the owners' association no later than 30 days prior to the date of the proposed sale and shall be deemed given on the official postmark day or the day on which it is received for delivery by a commercial delivery firm; (B) Provided in writing to any lien holder, sent by registered or certified mail or statutory overnight delivery, return receipt requested; and (C) Provided by advertising the time, place, and terms of said sale in a newspaper in which sheriff's advertisements are published in the county where the development is located, once a week during the four calendar weeks immediately preceding the calendar week of the date of such sale. (2) Any sale pursuant to this subsection shall occur on a legal sale day within the legal hours of sale at the legal place of sale in the county where the development is located. (c) A sale undertaken as authorized by this Code section shall divest the owner of all right, title, interest, and equity that such owner has in or to the time-share estate and shall vest fee simple title to the time-share estate in the purchaser or purchasers at said sale. The proceeds of said sale shall be applied first in accordance with the lien priorities set forth in paragraphs (1) through (4) of subsection (a) of Code Section 44-3-109, after which any remaining proceeds shall be applied to the payment in full of such unpaid assessments and other charges and next to the payment of all expenses actually incurred by the owners' association in connection with said proceedings, including attorneys' fees, and any remaining proceeds shall be paid to the owner. The owners' association may bid at said sale and purchase the time-share estate. (d) For the purpose of carrying out and effectuating the power of sale authorized by this Code section, the owners' association shall be constituted the true and lawful attorney-in-fact of such owner to sell such time-share estate, as provided in this Code section, and convey the same to the purchaser or purchasers at said sale in as full and ample a manner as such owner could do in person. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise."

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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 2, 2022.

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REVENUE AND TAXATION ROAD TAX ON MOTOR CARRIERS; VIOLATION OF REGISTRATION REQUIREMENTS; REVISE PENALTIES.

No. 763 (House Bill No. 1089).

AN ACT

To amend Article 2 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to road tax on motor carriers, so as to increase the penalty for certain violations of registration requirements for motor vehicles operated by motor carriers; 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 9 of Title 48 of the Official Code of Georgia Annotated, relating to road tax on motor carriers, is amended by revising Code Section 48-9-45, relating to penalties, violation of registration provisions, untimely reports, failure to pay, interest, and other punitive measures, as follows:
"48-9-45. (a) Whenever any motor carrier operates a motor vehicle in violation of the registration provisions of this article, the motor carrier shall be subject to a penalty of $145.00 for each motor vehicle in violation. (b) Whenever any motor carrier required to file a report as provided by this article fails to file the report within the time prescribed, he or she shall be subject to a penalty of $25.00 for each failure to file. (c) Whenever any motor carrier fails to pay the road taxes or any part of the road taxes due pursuant to this article, the motor carrier shall be subject to a penalty of $10.00 or 10 percent of the amount of the unpaid tax due, whichever is greater, and to interest on the

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unpaid tax at the rate specified in Code Section 48-2-40 from the time the road tax became due until the tax is paid. (d) Any penalties and interest imposed by this Code section shall be assessed and collected by the commissioner in the manner provided by law. In addition to imposing penalties and interest, the commissioner may suspend or revoke any certificate, permit, or other evidence of right issued by the commissioner and held by the motor carrier found to be in default."

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 2, 2022.

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MOTOR VEHICLES AND TRAFFIC REVISES DEFINITION OF HEAVY-DUTY EQUIPMENT MOTOR VEHICLE.
No. 764 (House Bill No. 1103).
AN ACT
To amend Code Section 40-2-167 of the Official Code of Georgia Annotated, relating to separately stated fees in a rental agreement, so as to revise the definition of "heavy-duty equipment motor vehicle" for the purposes of said Code section; 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 40-2-167 of the Official Code of Georgia Annotated, relating to separately stated fees in a rental agreement, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Heavy-duty equipment motor vehicle' means a motor vehicle with all its attachments and parts which is self-propelled, weighs 1,500 pounds or more, and is primarily designed and used for construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate.

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(2) 'Motor vehicle rental company' means an individual or business entity whose business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less or renting heavy-duty equipment motor vehicles under rental agreements for periods of less than 365 days or under open-ended agreements. (3) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (4) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles or a 1 1/2 percent property tax recovery fee on heavy-duty equipment motor vehicles. (5) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (6) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver."

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

Approved May 2, 2022.

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MOTOR VEHICLES AND TRAFFIC EQUIPPING OF LAW ENFORCEMENT VEHICLES WITH BLUE FLASHING OR REVOLVING LIGHTS; REMOVES RESTRICTION ON GEORGIA STATE PATROL VEHICLES.

No. 765 (House Bill No. 1146).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for vehicles operated by certain law enforcement to be equipped with flashing or revolving lights which are primarily blue in color; to remove a restriction relating to motor vehicles of the Georgia State Patrol; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-7, relating to blue light required for officers enforcing traffic and exception, as follows:
"40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol or of a sheriff's office or police department which office or police department provides law enforcement services by certified peace officers 24 hours a day, seven days a week where the vehicles are marked in accordance with Code Section 40-8-91, with flashing or revolving lights, primarily blue in color, visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicles, and which also have illuminating agency identifiers reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that a sheriff's office or police department shall not be permitted to have more than one vehicle per agency without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section."

SECTION 2. Said title is further amended in Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles and motorist allowed to continue to safe location before stopping for law enforcement officer vehicles, by revising subsection (b) as follows:
"(b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall:
(1) Require that all such motor vehicles be painted in a two toned uniform color or a solid color. For vehicles painted in a two toned uniform color, the hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color;

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(2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving light, primarily blue in color, visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle."

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

Approved May 2, 2022.

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CRIMINAL PROCEDURE CLARIFIES BOND FORFEITURE CONDITIONS; PROVIDES FOR CONDITIONS APPLICABLE TO PROFESSIONAL BONDING COMPANIES THAT HAVE OPERATED CONTINUOUSLY FOR 18 MONTHS OR LONGER IN PARTICULAR COUNTY.

No. 766 (House Bill No. 1183).

AN ACT

To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to clarify bond forfeiture conditions; to provide for conditions applicable to professional bonding companies that have operated continuously for 18 months or longer in a particular county; 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 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by revising subparagraph (b)(1)(E) of Code Section 17-6-15, relating to necessity for commitment where bail tendered and accepted, opportunity for bail, receipt of bail after commitment and imprisonment, imprisonment of person who offers bond for amount of bail set, and effect upon common-law authority of court, as follows:

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"(E) Establishment of a cash escrow account or other form of collateral as follows: (i) For any professional bonding company that is new to the county or that has operated continuously in the county for less than 18 months, in an amount and upon terms and conditions as determined and approved by the sheriff; (ii) Once a professional bonding company has operated continuously for 18 months or longer in the county, then any such cash escrow account or other form of collateral shall not exceed 5 percent of the current outstanding bail bond liability of the professional bonding company and such cash escrow account shall not be required to have on deposit an amount in excess of $1,000,000.00; and (iii) No professional bonding company shall purchase an insurance policy in lieu of establishing a cash escrow account or posting other collateral; provided, however, that any professional bonding company which was using an insurance policy as collateral as of December 31, 2013, may continue to do so at the discretion of the sheriff."

SECTION 2. Said chapter is further amended by revising subsections (d) and (e) of Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, as follows:
"(d) In cases in which subsection (e) of this Code section is not applicable, the court shall order remission under the following conditions:
(1) Provided the bond amount has been paid within 120 days after entry of the judgment and the delay has not prevented prosecution of the principal and upon application filed within 120 days from the payment of judgment with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the principal is produced or otherwise appears before the court that has jurisdiction of the bond within such 120 day period following payment of the judgment; (2) Provided the bond amount has been paid within 120 days after the entry of judgment and the delay has not prevented prosecution of the principal, should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment; or (3) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety.

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(e)(1) If, within 120 days from entry of the judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or the surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled.
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled, if within 120 days from entry of the judgment, the surety:
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs to the sheriff; and (ii) Provides, in writing, the court and the prosecuting attorney for the court that has jurisdiction of the bond with competent evidence giving probable cause to believe that the principal is located in another jurisdiction within the United States and states that it will provide for the reasonable remuneration for the rendition of the principal, as estimated by the sheriff; and (B) The prosecuting attorney for the court that has jurisdiction of the bond: (i) Declines, in writing, to authorize or facilitate extradition; or (ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of this subsection, fails to enter the appropriate extradition approval code into the computerized files maintained by the Federal Bureau of Investigation National Crime Information Center, thereby indicating an unwillingness to extradite the principal."

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

Approved May 2, 2022.

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

No. 767 (House Bill No. 1194).

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 and safe transportation of hazardous materials, 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 and safe transportation of hazardous materials, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2022."

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

Approved May 2, 2022.

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LOCAL GOVERNMENT INTERLOCAL RISK MANAGEMENT AGENCIES; AUDITS OF AGENCIES.

No. 768 (House Bill No. 1195).

AN ACT

To amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies in local government, so as to provide that audits of funds may be conducted in accordance with statutory accounting principles; 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 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies in local government, is amended by revising Code Section 36-85-19, relating to audits of funds, as follows:
"36-85-19. Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles or statutory accounting principles. A copy of such audit shall be made available to fund members."

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 2, 2022.

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EDUCATION ALLOWS STUDENT TO WITHDRAW FROM LOCAL SCHOOL AND ENROLL IN CHARTER SCHOOL; REQUIRES LOCAL TRANSFER PROCESSES; PROVIDES FOR ADJUSTMENT OF LOCAL REVENUES BY LOCAL SCHOOL BOARDS; REPEALS CERTAIN REPORTING REQUIREMENTS FOR DEPARTMENT OF AUDITS AND ACCOUNTS REGARDING CERTAIN CHARTER SCHOOLS.

No. 769 (House Bill No. 1215).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise and provide for certain definitions; to provide for students to withdraw without penalty from a local school in the school system in which such student resides and enroll in a charter school with available classroom space; to require local boards of education to adopt a universal, streamlined transfer process that allows for such transfers; to require local boards of education to periodically adjust the calculated amount of allocated local revenue based upon collected local revenues; to repeal certain reporting requirements for the Department of Audits and Accounts regarding certain charter schools that offer virtual instruction; 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 20-2-2062, relating to definitions under the Charter Schools Act of 1998, as follows:
"20-2-2062. As used in this article, the term:
(1) 'Charter' means a performance based contract between a local board and a charter petitioner, the terms of which are approved by the local board and by the state board in the case of a local charter school; between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school; or between a local board and the state board, the terms of which are approved by the state board in the case of a charter system. By entering into a charter, a charter

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petitioner and local board shall be deemed to have agreed to be bound to all the provisions of this article as if such terms were set forth in the charter. (1.1) 'Charter attendance zone' means all or any portion of the local school system in which the charter school is located and may include all or any portion of other local school systems if the charter school is jointly authorized pursuant to subsection (c) of Code Section 20-2-2063. (2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits or initiates a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. On and after July 1, 2013, a charter for a local charter school, if approved, shall be a three-party agreement between a charter petitioner, a local board of education, and the State Board of Education, and the charter petitioner for such local charter school shall be a party other than the local board of education. (3) 'Charter school' means a public school that:
(A) Operates under the terms of a charter that is subject to the provisions of this article or Article 31A of this chapter; (B) Operates under the supervision and direction of a charter school governing board; (C) Has a school code assigned by the Department of Education; and (D) Is the subject of a school report card prepared and distributed by the Office of Student Achievement as provided in Code Section 20-14-34. (3.1) 'Charter school governing board' or 'governing board' means the governing board of the nonprofit organization that is involved in school-level governance of the local charter school and that is subject to the training requirements provided for in Code Section 20-2-2072. (3.2) 'Charter system' means a local school system that is operating under the terms of a charter pursuant to Code Section 20-2-2063.2. (4) 'Conversion charter school' means a charter school that existed as a local school prior to becoming a charter school. (4.1) 'Educationally disadvantaged students' means all or a subset of the following: students who are economically disadvantaged, students with disabilities, limited English proficient students, neglected or delinquent students, and homeless students, as each such subset is defined by the State Board of Education in accordance with federal education guidelines and regulations. (5) 'Faculty and instructional staff members' means all certificated personnel assigned to the school on a full-time basis and all paraprofessionals assigned to the school on a full-time basis. The term 'paraprofessional' shall have the same meaning as set out in Code Section 20-2-204.

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(5.1) 'Governing council' means a school level council of parents, teachers, administrators, and others who are involved in school level governance within a charter system. (5.2) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both. (6) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution. (7) 'Local charter school' means a conversion charter school or start-up charter school that is authorized by a local board and the state board to operate under the terms of a charter approved by the charter petitioner, the local board, and the state board. (8) 'Local revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds and local option sales tax for capital projects. Nothing in this paragraph shall be construed to prevent a local board from including a local charter school in projects specified in the ballot language of a local option sales tax or bond referendum. (9) 'Local school' means a public school in Georgia that is under the management and control of a local board. (10) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution. (11) 'Petition' means a proposal to establish a charter school or a charter system. (12) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated as the local five mill share in accordance with Code Section 20-2-164. (12.1) 'School level governance' means decision-making authority in personnel decisions, financial decisions, curriculum and instruction, resource allocation, establishing and monitoring the achievement of school improvement goals, and school operations. (13) 'Special school' means a school whose creation is authorized pursuant to Article VIII, Section V, Paragraph VII of the Constitution. (14) 'Start-up charter school' means a charter school that did not exist as a local school prior to becoming a charter school. (15) 'State board' means the State Board of Education.

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(16) 'State chartered special school' means a charter school created as a special school that is authorized by the state board to operate under the terms of a charter between the charter petitioner and the state board. (17) 'System charter school' means a school within a charter system."

SECTION 2. Said chapter is further amended in Code Section 20-2-2066, relating to admission enrollment, and withdrawal of students under the Charter Schools Act of 1998, by revising subsection (d) as follows:
"(d)(1) A student may withdraw without penalty from a charter school at any time and enroll in a local school in the school system in which such student resides as may be provided for by the policies of the local board. A student who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expulsion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto. (2) A student may withdraw without penalty from a local school in the school system in which such student resides at any time and enroll in a charter school with available classroom space in accordance with the enrollment provisions of this Code section."

SECTION 3. Said chapter is further amended in Code Section 20-2-2068.1, relating to charter school funding, by revising subsections (c) and (c.3) 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; provided, however, that the calculation of such allocation of local revenue shall be adjusted at least semiannually based upon collected local revenues. 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;

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(3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter. The 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." "(c.3)(1) Each local board of education that has one or more local charter schools shall provide each local charter school with a preliminary annual allotment sheet itemizing the preliminary calculation of state, local, and federal allocations to be provided by the local school system to the local charter school for the upcoming fiscal year not later than 45 calendar days after the local school system receives its preliminary annual allotment sheet from the Department of Education. (2) The local board of education shall publish in a prominent location on its website the calculation of earnings to each local charter school made pursuant to subsections (a), (b), and (c) of this Code section, including federal funds received by each local charter school. Such calculations shall be published as soon as practicable prior to the distribution of funds to the local charter school by the local board, and no later than October 1 of each year, and shall be updated:

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(A) Upon receipt of any additional federal funds received pursuant to state reallocation of federal funds and distributed to local charter schools; and (B) At least semiannually based upon collected local revenues. Such calculations may be published in conjunction with the financial and transparency information required to be published by local boards of education pursuant to Part 3B of Article 2 of Chapter 14 of Title 20. In the event that the Department of Education makes such calculations available on its website, a local board of education may post a link in a prominent location on its website to the Department of Education's web page which contains such calculations to comply with this subsection. (3) In the event that the local board of education determines that an adjustment to the allocation for a local charter school is necessary, including, but not limited to, adjustments as provided for in subparagraph (B) of paragraph (2) of this subsection, the local board of education shall provide the local charter school with 30 days' notice before the allocation is adjusted, shall provide an amended itemized allotment sheet to the local charter school, and shall publish the amended itemized allotment sheet in a prominent location on its website."

SECTION 4. Said chapter is further amended in Article 31, the "Charter Schools Act of 1998," by repealing Code Section 20-2-2076, relating to annual report on state chartered special schools that offer virtual instruction, requirements, and publication on website.

SECTION 5. Said chapter is further amended in Article 31A, relating to state charter schools, by repealing Code Section 20-2-2093, relating to annual report on state charter schools that offer virtual instruction, minimum requirements, and publication on website.

SECTION 6. Said chapter is further amended in Code Section 20-2-2131, relating to enrollment of students in school to which not originally assigned, procedure, annual notification, and exception, by revising subsection (e) as follows:
"(e) This Code section shall not apply to charter schools; provided, however, that each local board of education shall adopt a universal, streamlined transfer process that allows for transfers pursuant to paragraph (2) of subsection (d) of Code Section 20-2-2066."

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

Approved May 2, 2022.

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CONSERVATION AND NATURAL RESOURCES GAME AND FISH WATERS OF THE STATE, PORTS, AND WATERCRAFT DELAYS EARLIEST EFFECTIVE
DATE FOR CERTAIN RULES AND REGULATIONS FOR WHICH CRIMINAL VIOLATIONS MAY BE ESTABLISHED; SETS CERTAIN REQUIREMENTS
FOR WEAPONS USED FOR HUNTING MIGRATORY GAME BIRDS; REPEAL CREEL AND POSSESSION LIMITS OF CERTAIN BASS SPECIES.

No. 770 (House Bill No. 1233).

AN ACT

To amend Article 1 of Chapter 2 of Title 12, Title 27, and Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of the Department of Natural Resources, game and fish, and general provisions of the registration, operation, and sale of watercraft, respectively, so as to delay the earliest effective date for certain rules and regulations for which criminal violations may be established; to set certain requirements for weapons used for hunting migratory game birds; to repeal creel and possession limits of certain bass species; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions of the Department of Natural Resources, is amended by revising paragraph (5) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division, 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, 2022."

SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Chapter 1, relating to general provisions, by revising Code Section 27-1-39, relating to the 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

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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, 2022."

SECTION 3. Said title is further amended in Article 1 of Chapter 2, relating to hunting, trapping, or fishing, by revising subsection (c) of Code Section 27-2-6, relating to Georgia waterfowl and migratory bird stamps, as follows:
"(c) It shall be unlawful for any person who has attained the age of 16 years to hunt migratory game birds unless such person has in his or her possession a Georgia waterfowl and migratory bird stamp in addition to the required hunting license; provided, however, that a Georgia waterfowl and migratory bird stamp or a landowner Georgia waterfowl and migratory bird stamp shall be required for any resident of this state to hunt migratory birds on premises owned by him or her or his or her immediate family."

SECTION 4. Said title is further amended in Part 1 of Article 1 of Chapter 3, relating to general provisions of hunting, by revising paragraph (4) of subsection (a) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows:
"(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that in addition to the weapons listed in this paragraph, any center-fire firearm of .17 caliber or larger may be used for hunting fox and bobcat. For hunting migratory game birds, shotguns are limited to a capacity of not more than three shells in the magazine and chamber combined. Further, the plug shall be of a single piece incapable of being removed through the loading end of the magazine. Nothing contained in this paragraph shall permit the taking of protected species;"

SECTION 5. Said title is further amended by revising subsection (a) of Code Section 27-4-10, relating to creel and possession limits and size restrictions, as follows:
"(a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all fresh water species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:

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Species
(1) Genus micropterus (black bass) (2) Mountain trout (3) White bass (4) Striped bass (5) Striped white bass
hybrids (6) Any one or combination
of the species of bream or sunfish (7) Walleye (8) Sauger (9) Chain pickerel (10) Grass pickerel (11) Redfin pickerel (12) Black crappie (13) White crappie (14) American shad (15) Hickory shad (16) Amberjack (17) Atlantic croaker (18) Atlantic sturgeon (19) Black drum (20) Black sea bass (21) Blue marlin

Ranges of Sizes Within Which Fish May Not Be Taken
0 -- 24 inches
0 -- 24 inches 0 -- 36 inches 0 -- 36 inches 0 -- 36 inches
0 -- 10 inches
0 -- 24 inches 0 -- 24 inches 0 -- 24 inches 0 -- 12 inches 0 -- 12 inches 0 -- 14 inches 0 -- 14 inches 0 -- 30 inches 0 -- 24 inches 0 -- 50 inches 0 -- 10 inches 0 -- 86 inches 0 -- 36 inches 0 -- 15 inches

Maximum Daily Creel And
Possession Limit 10
8 15 15 15
50
15 15 15 15 15 30 30 8 8 5 25
1 15 15 3

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(22) Bluefish (23) Cobia (24) Dolphin (25) Flounder (Paralicthys
spp.) (26) Gag grouper (27) King mackerel (28) Red drum (29) Red porgy (30) Red snapper (31) Sailfish (32) Sand tiger shark (33) Sharks (34) Sheepshead (35) Small sharks composite
(Atlantic sharpnose, bonnethead, and spiny dogfish) (36) Spanish mackerel (37) Spot (38) Spotted sea trout (39) Tarpon (40) Tripletail (41) Weakfish (42) White marlin

0 -- 20 inches 0 -- 40 inches 0 -- 24 inches 0 -- 15 inches
0 -- 25 inches 0 -- 36 inches 0 -- 36 inches 0 -- 20 inches 0 -- 25 inches
0 -- 140 inches 0 -- 120 inches 0 -- 20 inches 0 -- 54 inches
0 -- 20 inches 0 -- 10 inches 0 -- 25 inches 0 -- 90 inches 0 -- 25 inches 0 -- 15 inches

311 15 5 15 15
5 5 5 10 5 3 1 2 15 4
20 25 15 1 5 15 3 "

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SECTION 6. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of the registration, operation, and sale of watercraft, is amended by revising subsection (a) of Code Section 52-7-26, relating to penalties, 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, 2022."

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

Approved May 2, 2022.

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HEALTH REQUIRES POSTING OF STATISTICAL REPORTS CONTAINING DATA RELATING TO STATE HEALTH PLANS ON DEPARTMENT OF COMMUNITY HEALTH WEBSITE.

No. 771 (House Bill No. 1276).

AN ACT

To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to require that statistical reports containing data relating to state health plans be posted on the department website; to provide for a definition; to provide for content of the reports; 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. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows:
"31-2-17. (a) As used in this Code section, the term 'state health plan' means:
(1) Medical assistance program provided pursuant to Article 7 of Chapter 4 of Title 49; (2) PeachCare for Kids Program provided pursuant to Article 13 of Chapter 5 of Title 49;

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(3) The state employees' health insurance plan established pursuant to Article 1 of Chapter 18 of Title 45; (4) The health insurance plan for public school teachers established pursuant to Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20; and (5) The health insurance plan for public school employees established pursuant to Subpart 3 of Part 6 of Article 17 of Chapter 2 of Title 20. (b) On and after July 1, 2022, the department shall post in a prominent location on the department website a statistical report or reports containing data relating to the state health plans administered by the department. Such reports shall be updated and posted no less than biannually and shall contain, but shall not be limited to, the following metrics: (1) The number of, type of, and changes in enrolled providers; (2) County-level data on primary care providers enrolled per 1,000 people and indicating which counties fall below defined benchmarks; (3) Data on hospital utilization and costs, including but not limited to, the number of inpatient admissions, average length of stay, readmission rate, emergency department utilization information, including diagnosis and non-emergent utilization, and amounts paid per facility, including plan paid amounts or net payment per admission; (4) Membership or beneficiary enrollment data including demographic and population based reporting on common disease states; (5) Data on prescription drug spending, including data on aggregate payment amounts for the ten most frequently prescribed medications and the ten most costly medications, as well as historical data related to the volume and cost of such medications, whether brand name drug or generic brand drug utilization, and costs; (6) Financial results by aid category or plan group, as applicable, including per-member per-month cost figures for low-income Medicaid, PeachCare for Kids, and fee-for-service program categories; and (7) Long-term care data, including waiver services participation and net payments by category of service. (c) Nothing in this Code section shall be construed to require the inclusion in the report or reports posted pursuant to subsection (b) of this Code section of any information which would violate the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or which is exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50, relating to open records."

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

Approved May 2, 2022.

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EDUCATION PROHIBITS STUDENTS PARTICIPATING IN 4-H SPONSORED ACTIVITIES OR PROGRAMS FROM BEING COUNTED AS ABSENT FROM SCHOOL UNDER CERTAIN CONDITIONS.

No. 772 (House Bill No. 1292).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to prohibit students who participate in 4-H sponsored activities or programs from being counted as absent from school, subject to certain conditions; to provide for such conditions; to provide for related matters; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Subpart 2 of Part 1 of Article 16 of Chapter 2, relating to compulsory attendance, by adding a new Code section to read as follows:
"20-2-692.3. (a) A student who participates in an activity or program sponsored by 4-H shall be credited as present by the school in which enrolled in the same manner as an educational field trip, and such participation in an activity or program sponsored by 4-H shall not be counted as an absence, either excused or unexcused, for any day, portion of a day, or days missed from school. (b) Upon request from a school principal or the principal's designee, a 4-H representative shall provide documentation as proof of a student's participation in an activity or program sponsored by 4-H. As used in this subsection, the term '4-H representative' means an individual officially recognized or designated by the University of Georgia Extension 4-H Program as a 4-H professional or a 4-H adult volunteer."

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 2, 2022.

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INSURANCE ALLOWS SPONSOR OF HEALTH BENEFIT PLAN TO CONSENT ON BEHALF OF ENROLLEE TO ELECTRONIC DELIVERY OF RELATED COMMUNICATIONS AND HEALTH INSURANCE IDENTIFICATION CARD FOR PLAN; ALLOWS ENROLLEE OPPORTUNITY TO REFUSE TO AGREE TO RECEIVE MAILINGS ELECTRONICALLY.

No. 773 (House Bill No. 1308).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to allow a plan sponsor of a health benefit plan to consent on behalf of an enrollee to the electronic delivery of all communications related to the plan and the health insurance identification card for such plan; to allow the enrollee an opportunity to refuse to agree to receive mailings electronically; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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:
"33-24-14.1. (a) As used in this Code section, the term:
(1) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including a vision or dental benefit plan. (2) 'Plan sponsor' means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan. (b) The plan sponsor of a health benefit plan may, on behalf of a party enrolled in the plan, provide the consent to the mailing of all communications related to the plan by electronic means otherwise required by paragraph (2) of subsection (d) of Code Section 33-24-14 and to the electronic delivery of any health insurance identification card required by Code Section 33-24-57.1. (c) Before consenting on behalf of a party, a plan sponsor must confirm that the party routinely uses electronic communications during the normal course of employment.

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(d) Before providing delivery by electronic means, the insurer for the health benefit plan must:
(1) Provide the party an opportunity to opt out of delivery by electronic means; and (2) Document that the remaining conditions under paragraphs (4) through (9) of subsection (d) of Code Section 33-24-14 are satisfied."

SECTION 2. This Act shall become effective July 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 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

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REVENUE AND TAXATION INCORPORATES CERTAIN FEDERAL INTERNAL REVENUE CODE PROVISIONS; REVISES PROVISIONS FOR GRANTING EXTENSIONS FOR RETURNS.

No. 774 (House Bill No. 1320).

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 revise provisions for granting the extension of time for returns; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2021, the provisions of the United States Internal

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Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2022, 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; provided, however, that all provisions in federal Public Law 117-58 (Infrastructure Investment and Jobs Act) that change or affect in any manner Section 118 shall be treated as if they were in effect, 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 all provisions in federal Public Law 117-2 (American Rescue Plan Act of 2021) that change or affect in any manner Section 461(l) shall be treated as if they were not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, shall be $250,000.00 for tax years beginning in 2013, and shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, shall be $800,000.00 for tax years beginning in 2011, shall be $800,000.00 for tax years beginning in 2012, shall be $800,000.00 for tax years beginning in 2013, and shall be $2 million for tax years beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113-243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2015),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95, and provided that subsection (b) of Section 3 of federal Public Law 114-292 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35' shall be substituted for the phrase 'section 6511(a) of the Internal Revenue Code of 1986' and the phrase 'such section' shall be substituted for the phrase 'such subsection.' In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as

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it existed on a specific date prior to January 1, 2022, 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, 2021, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2022, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."

SECTION 2. Said title is further amended by revising subsection (b) of Code Section 48-2-36, relating to extension of time for returns, as follows:
"(b) Notwithstanding any other provision in the laws of this state, in the case of a taxpayer determined by the commissioner to be affected by a Federally declared disaster, as such term is defined in Internal Revenue Code Section 165(i)(5), a fire with respect to which assistance is provided under Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or a terroristic or military action, as defined in Internal Revenue Code Section 692(c)(2), the commissioner may specify a period of up to one year that may be disregarded in determining, under the laws of this state, in respect of any tax liability, fee liability, or other liability of such taxpayer:
(1) Whether any of the actions described in subsection (c) of this Code section were performed within the time prescribed therefor, determined without regard to extension under any other provision of the laws of this state for periods after the date, as determined by the commissioner, of such disaster or action; (2) The amount of any interest, penalty, or addition to the taxes, fees, or other liability for periods after the date, as determined by the commissioner, of such disaster or action; and (3) The amount of any refund."

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

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

Approved May 2, 2022.

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COURTS CLERKS OF SUPERIOR COURT; CONSTRUCTION OF LAW.

No. 775 (House Bill No. 1346).

AN ACT

To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising Code Section 15-6-52, relating to practice of law restricted, as follows:
"15-6-52. (a) Except as provided in subsection (b) of this Code section, the clerks of the superior courts are prohibited from practicing law in their own or another's name, as a partner or otherwise, in any court except in their own case. (b) Nothing in this Code section shall be construed to limit in any way the ability of a clerk of a superior court to serve as or offer advice in his or her role as a judge advocate or in any other military role in an active duty or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States."

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

Approved May 2, 2022.

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HEALTH LEAD POISONING PREVENTION; CONFORMS PROVISIONS TO NATIONALLY RECOGNIZED GUIDELINES; REVISES PROVISIONS RELATING TO ABATEMENT OF LEAD POISONING HAZARDS; EXPANDS WRITTEN ADVERTISEMENT REQUIREMENTS AND APPLICABILITY.

No. 776 (House Bill No. 1355).

AN ACT

To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to update provisions to comport with nationally recognized guidelines; to revise definitions; to revise provisions relating to abatement of lead poisoning hazards; to expand written advisement requirements; to expand applicability of provisions; to provide for related matters; to provide for a funding contingency; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended in Code Section 31-41-4, relating to the establishment of lead-based paint hazard reduction program, training programs, licensure and certification requirements, written information on renovation, and record keeping requirements, by revising paragraph (3) of subsection (c) as follows:
"(3) A person who is employed by a state or county health department or state or federal agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead inspector or lead risk assessor but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the board under this chapter."

SECTION 2. Said chapter is further amended in Code Section 31-41-11, relating to legislative findings regarding the "Childhood Lead Exposure Control Act," by revising subsection (a) as follows:
"(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health, Epidemiology, and Laboratory sections of the Department of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified

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through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system."

SECTION 3. Said chapter is further amended by revising Code Section 31-41-12, relating to definitions regarding the "Childhood Lead Exposure Control Act," as follows:
"31-41-12. As used in this article, the term:
(1) 'Confirmed lead poisoning' means a confirmed concentration of lead equal to or greater than 3.5 micrograms of lead per deciliter using a single venous blood test or two capillary blood tests taken within 12 weeks of each other. (2) 'Day-care facility' means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility. (3) 'Department' means the Department of Public Health. (4) 'Dwelling,' 'dwelling unit,' or 'residential housing unit' means the interior or exterior of a structure, all or part of which is designed or used for human habitation. (5) 'Elevated blood lead level' means a blood lead concentration of 3.5 micrograms per deciliter or greater in any test. (5.1) 'Lead hazard abatement' means the removal and correction, in a manner no more strict than what is determined to be absolutely necessary, of a specifically identified hazard which causes a confirmed lead poisoning. (6) 'Lead poisoning hazard' means the presence of readily accessible or mouthable lead-bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by chemical analysis; 10 micrograms per square foot or greater for dust on floors; 100 micrograms per square foot or greater for dust on window sills; or 400 parts per million in bare soil in outdoor areas of a dwelling, dwelling unit, school, or day-care facility used by children as play areas or an average of 1,200 parts per million in bare soil in other outdoor areas of the dwelling, dwelling unit, school, or day-care facility not used for children's play. (7) 'Lead safe housing' is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b)(15) or housing that has been found to meet the requirements of the maintenance standard. (8) 'Maintenance standard' means the following:
(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;

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(B) Cleaning the interior of the unit to a standard of cleaning which is at least customary in the local area at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard; (C) Adjusting doors and windows to minimize friction or impact on surfaces; (D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first; (E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and (F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto. (9) 'Managing agent' means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased. (10) 'Mouthable lead-bearing substance' means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards. (11) 'Readily accessible lead-bearing substance' means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include paint that is chalking. (12) 'Regularly visits' means presence at a dwelling, dwelling unit, school, or day-care facility for at least two days a week for more than three hours per day. (13) 'Supplemental address' means a dwelling, dwelling unit, school, or day-care facility where a child with an elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of an elevated blood lead level or a confirmed lead poisoning."

SECTION 4. Said chapter is further amended by revising Code Section 31-41-14, relating to abatement of lead poisoning hazard, as follows:
"31-41-14. (a) Upon determination that a child less than six years of age has a confirmed lead poisoning and that the child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the department shall require

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a lead hazard abatement. The department shall also require a lead hazard abatement at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning. Upon confirming that all other potential sources of the confirmed lead poisoning have tested negative and making every reasonable effort to obtain consent from such dwelling's owner or managing agent to comply with this Code section, the department shall solicit a court order from the superior court with jurisdiction over such dwelling to order the dwelling's owner to perform a lead hazard abatement. (b) When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the department within 30 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section. The written plan shall be deemed approved if the department does not respond within 30 days of receipt. (c) If the abatement plan submitted fails to meet the requirements of this Code section, the department shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the department. (d) If the owner or managing agent does not submit an abatement plan within 30 days, the department shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order. (e) The owner or managing agent shall notify the department and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities. (f) Abatement shall be completed within 60 days of the department's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the department shall issue an order requiring completion of abatement activities. An owner or managing agent may apply to the department for an extension of the deadline for abatement. The department may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent. (g) All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules. (h) The department shall verify by clearance inspection that the approved abatement plan has been completed. The department may also require residual lead dust monitoring. (i) Removal or exclusion of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used as a dwelling, school, or day-care facility. If the property will not be used as a dwelling, school, or day-care facility, the property owner shall submit a notarized document to the department certifying that the structure or structures will no longer be used as a dwelling, school, or day-care facility."

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SECTION 5. Said chapter is further amended by revising Code Section 31-41-17, relating to advice regarding cleaning activities in homes occupied by children with elevated blood lead levels, as follows:
"31-41-17. In any residential housing unit, day-care facility, or school occupied by a child less than six years old who has an elevated blood lead level, the department shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:
(1) Wiping clean all window sills with a damp cloth or sponge at least weekly; (2) Regularly washing all surfaces accessible to the child; (3) In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and (4) Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit, including vinyl miniblinds, playground equipment, soil, and painted surfaces, and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors."

SECTION 6. Said chapter is further amended by revising Code Section 31-41-18, relating to the application of the "Childhood Lead Exposure Control Act," as follows:
"31-41-18. This article shall only apply to:
(1) Owners of residential rental property that accept compensation for the use of residential property by another; (2) Landlords that accept compensation for the use of residential property by another; (3) Day-care facilities; and (4) Schools."

SECTION 7. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act, as expressed in a line item making specific reference to this Act in a General Appropriations Act enacted by the General Assembly.

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

Approved May 2, 2022.

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FIRE PROTECTION AND SAFETY PUBLIC UTILITIES AND TRANSPORTATION REVISES "GEORGIA UTILITY FACILITY PROTECTION ACT."

No. 777 (House Bill No. 1372).

AN ACT

To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to revise the provisions and short title of Chapter 9, the "Georgia Utility Facility Protection Act"; to enhance the processes for locate requests and to require that 9-1-1 be contacted if an excavator damages a gas or hazardous liquid pipeline; to change and provide for certain definitions; to provide for certain procedures in extraordinary circumstances; to provide limitations on the recovery of costs of damages; to establish a statute of limitations on enforcement; to amend Code Section 46-3-34, relating to utilities protection center, funding of activities, notice of work delay, and responsibility for completing safety requirements, so as to correct a cross-reference; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising Chapter 9, relating to blasting or excavating near certain facilities, as follows:

"CHAPTER 9

25-9-1. This chapter shall be known and may be cited as the 'Georgia Underground Facility Protection Act.'

25-9-2. The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of service resulting from damage to underground facilities and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of underground facilities and sewer laterals will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground facilities and sewer laterals.

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25-9-3. As used in this chapter, the term:
(1) 'Abandoned underground facility' means an underground facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Appropriate notice' means a notice period that:
(A) Is associated with an effective date; (B) Begins at 7:00 A.M. on the first business day following receipt by the UPC of a locate request submitted in compliance with Code Section 25-9-6; and (C) Ends at 7:00 A.M. on the business day immediately following a period of time that is not:
(i) Less than two business days; or (ii) More than eight business days. (3) 'Betterments' means any upgrading of the underground facility being repaired made solely for the benefit of and at the election of the facility owner or operator and not attributable to the damage. (4) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (5) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. If Christmas Eve falls on a Friday, it shall be observed on the preceding Thursday. If Christmas Eve falls on a Sunday, it shall be observed on the following Tuesday. (6) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (7) 'Commission' means the Public Service Commission. (8) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (9) 'Damage' means any impact or exposure that results in the need to repair an underground facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility.

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(10) 'Design locate request' means a communication to the UPC in which a request for locating existing underground facilities for bidding, predesign, or advance planning purposes is made. (11) 'Designate' means to stake or mark on the surface of the tract or parcel of land the location of an underground facility or sewer lateral. (12) 'Effective date' means the calendar day on which blasting or excavating is anticipated to begin as indicated by the excavator in the locate request. (13) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of underground services; or repairs to transportation facilities that require immediate action. (14) 'Emergency 9-1-1 call' means using the digits, address, internet protocol address, or other information to access or initiate contact with a public safety answering point.
(15)(A) 'Excavating' means any operation using mechanized equipment or explosives to move earth, rock, or other material below existing grade. Such term shall include, but shall not be limited to, augering, blasting, boring, digging, ditching, dredging, drilling, driving-in, grading, plowing-in, ripping, scraping, trenching, and tunneling. (B) Such term shall not include:
(i) Farming activities; (ii) Milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less; or (iii) Routine road maintenance or railroad maintenance activities carried out by road maintenance or railroad employees or contractors, provided that such activities:
(I) Occur entirely within the right of way of a public road, street, railroad, or highway of the state; (II) Are carried out with reasonable care so as to protect any underground facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, railroad, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and (III) If involving the replacement of existing guard rails and sign posts, replace such guard rails and sign posts in their previous locations and at their previous depth. (16) 'Excavator' means any person engaged in blasting or excavating. (17) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist making it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and other acts of God. (18) 'Facility owner or operator' means any person or entity with the sole exception of a homeowner that owns, operates, or controls the operation of an underground facility.

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(19) 'Farming activities' means the tilling of the fields related to agricultural activities but shall not include other types of mechanized excavating on a farm. (20) 'Horizontal directional drilling' or 'HDD' means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface. (21) 'Large project' means an excavation that involves more work to locate underground facilities than can reasonably be completed within the requirements of subsection (a) of Code Section 25-9-7. (22) 'Local governing authority' means:
(A) A county, municipality, or local authority created by or pursuant to a general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia; and (B) Any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (23) 'Locate request' means a communication between an excavator and the UPC in which a request for designating underground facilities, sewer laterals, or both is processed. (24) 'Locator' means a person that is acting on behalf of facility owners and operators in designating the location of the underground facilities and sewer laterals of such owners and operators. (25) 'Mechanized excavating equipment' means all equipment powered by any motor, engine, or hydraulic or pneumatic device which is used for excavating. (26) 'Milling' means the process of grinding asphaltic concrete. (27) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to underground facilities and sewer laterals. Such term shall include, but shall not be limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the commission. Such term shall not include the use of trenchless excavation. (28) 'Notice period' means the period of time during which the designation of underground facilities or sewer laterals, or both, is supposed to occur in accordance with this chapter. (29) 'Permanent marker' means a visible indication of the approximate location of an underground facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. Such term shall include, but shall not be limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. (30) 'Person' means an individual, firm, joint venture, partnership, association, local governing authority, state, or other governmental unit, authority, department, agency, or

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a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (31) 'Positive response information system' or 'PRIS' means the automated information system operated and maintained by the UPC at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or a design locate request. (32) 'Public safety answering point' shall have the same meaning as provided in Code Section 46-5-122. (33) 'Routine road maintenance' means work that is planned and performed on a routine basis to maintain and preserve the condition of the public road system and includes routine road surface scraping, mowing grass, animal removal, cleaning of inlets and culverts, trash removal, striping and striping removal, and cutting of trees; however, stump removal shall be considered excavation. (34) 'Sewer lateral' means an individual customer service line which transports waste water from one or more building units to an underground sewer facility. (35) 'Sewer system owner or operator' means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the customer's facilities. (36) 'Traffic control devices' means all electronic or electrically powered roadway signs, sign structures, or signals of a local governing authority or the Department of Transportation and all associated underground infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public rights of way. (37) 'Traffic management system' means a network of traffic control devices, monitoring sensors, and personnel of a local governing authority or the Department of Transportation, with all associated communications and power services, including all system control and management centers. (38) 'Tolerance zone' means the width of the underground facility or sewer lateral plus 18 inches on either side of the outside edge of the underground facility or sewer lateral on a horizontal plane. (39) 'Trenchless excavation' means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface. Such term shall include HDD. (40) 'Underground facility' means an underground or submerged fiber, conductor, pipe, or structure used or installed for use in providing traffic control, traffic management, electric service, or communications service, or in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids. All underground facilities shall be considered to extend up to the connection to the customer's facilities. Such term shall not include sewer laterals or publicly or privately owned railroad facilities. (41) 'Unlocatable facility' means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate underground facilities and sewer laterals. Such term shall include, but shall

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not be limited to, nonconductive underground facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location. (42) 'Utilities Protection Center' or 'UPC' means the corporation or other organization formed by facility owners or operators to provide a joint notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (43) 'White lining' means marking the route of the excavation either electronically or with white paint, flags, stakes, or a combination of such methods to outline the dig site prior to notifying the UPC and before the locator arrives on the job.

25-9-4. (a) Any person may submit a design locate request to the UPC. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person that has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section. (b) Within ten business days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond to the person calling in the design locate request under the guidelines listed below: (1) For single address requests, designate or cause to be designated by a locator in accordance with Code Sections 25-9-7 and 25-9-9 the location of all underground facilities and sewer laterals within the area of the proposed excavation; or (2) For multiple address requests:
(A) Provide the person submitting the design locate request the best available description of all underground facilities and sewer laterals in the area of proposed excavation, which might include drawings of underground facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (B) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all underground facilities and sewer laterals within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures. (d) A design locate request shall not be used for excavation purposes.

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(e) A design locate request shall not be required as a condition for approving a utility permit application.

25-9-5. (a) Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining underground facilities within the state shall participate as members in and cooperate with the UPC. No duplicative center shall be established. The activities of the UPC shall be funded by all facility owners or operators. (b) Persons that install water and sewer facilities or that own such facilities until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers identifying all water and sewer facilities at the time of the facility installation. Notwithstanding the above, all owners or operators of water and sewer facilities that provide service from such facilities shall be considered facility owners or operators and shall be members of the UPC. (c) All permanent markers other than sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be placed accurately in accordance with Code Section 25-9-9 and shall be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be located within ten feet of the public right of way to be considered a permanent marker. (d) The UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information as to the location of underground facilities of its participating facility owners or operators may be obtained during business hours on business days.

25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has submitted a locate request to the UPC that provides appropriate notice. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the appropriate notice period, all identified facility owners or operators have responded to the locate request, and if all such facility owners or operators have indicated that their facilities either are not in conflict or have been marked, then the person planning to perform blasting or excavating shall be authorized to commence work, subject to the other requirements of this Code section, without waiting until the end of the notice period. No appropriate notice shall be required for excavating where minimally intrusive excavation methods are used exclusively. Any

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locate request received by the UPC after business hours shall be deemed to have been received by the UPC the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavating is to take place with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person that will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; (4) Specify an effective date for the requested blasting or excavating and the duration of time in which such blasting or excavating is expected to take place; and (5) Provide appropriate notice. (b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white lining, as practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the UPC, within a reasonable time, of the results of such meeting. The person marking a site using white lining shall comply with the rules and regulations of the Department of Transportation as to the use of such markings so as not to obstruct signs, pavement markings, pavement, or other safety devices. (c) Except as otherwise provided in this subsection, no blasting or excavating undertaken pursuant to a locate request shall take place more than 30 calendar days after the effective date. In the event that the blasting or excavating that is the subject of a locate request submitted pursuant to subsection (a) of this Code section will not be completed within 30 calendar days following the effective date of such locate request, an additional locate request with appropriate notice must be submitted to the UPC. Additional appropriate notices for an existing locate request shall not expand the tract or parcel of land upon which the blasting or excavation is to take place. (d) For emergencies, no blasting or excavating shall take place after 7:00 A.M. on the third business day after the locate request is submitted to the UPC. (e) Except for those persons submitting design locate requests, no person, including any facility owner or operator, shall request marking of a site through the UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person that willfully fails to comply with this subsection shall be liable to the facility owner or operator for $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking.

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(f) If, subsequent to submitting a locate request to the UPC required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the UPC and shall refrain from any blasting until the facility owner or operator responds within 48 hours, excluding hours during days other than business days, following receipt by the UPC of such notification. (g) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request; (2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating; (3) The type of blasting or excavating described in the locate request; and (4) Carried out in accordance with all other requirements of this chapter. (h) Facility owners or operators may bill an excavator for their costs related to any requests for re-marking other than for re-marks with no more than five individual addresses on a single locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request.

25-9-7. (a)(1) Prior to 7:00 A.M. on the effective date, each facility owner or operator shall determine whether or not underground facilities are located on the tract or parcel of land upon which the blasting or excavating is to occur. If underground facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or parcel of land, the location of such underground facilities. This subsection shall not apply to large projects. (2) Designation of the location of underground facilities through staking, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the underground facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the commission. (3) A facility owner or operator is not required to mark its own facilities pursuant to the time frame set out in paragraph (1) of this subsection if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation. (b)(1) Prior to 7:00 A.M. on the effective date indicated in a locate request submitted in accordance with Code Section 25-9-6, each sewer system owner or operator shall determine whether sewer laterals are located or likely to be located on the tract or parcel of land upon which the blasting or excavating is to occur. If sewer laterals are

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determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection. (2) To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. Such information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods:
(A) Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that:
(i) Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and (ii) If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral; (B) Providing electronic copies of or delivering the records through facsimile or by other means to an agreed upon location within 48 hours beginning the next business day following receipt by the UPC of the locate request submitted in accordance with Code Section 25-9-6, excluding hours during days other than business days; provided, however, that for local governing authorities that receive fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator; (C) Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals; (D) Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or (E) Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph. (c) Each facility owner or operator, either upon determining that no underground facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any underground facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide such information to the UPC in accordance with procedures developed by the UPC, which may include the use of the PRIS. In no event shall such information be provided later than

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midnight of the business day prior to the effective date of the locate request submitted in accordance with Code Section 25-9-6. (d) In the event the facility owner or operator is unable to designate the location of the underground facilities or sewer laterals due to extraordinary circumstances, such facility owner or operator shall notify the UPC and provide an estimated completion date in accordance with procedures developed by the UPC, which may include the use of the PRIS. The UPC shall also have the ability to declare extraordinary circumstances on behalf of any or all operators if the UPC is unable to transmit locate requests as required by this statute. (e) If, at the end of the time period specified in subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), (b), and (c) of this Code section, as applicable, the UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to such second request by 12:00 Noon of that business day, either by notifying the UPC in accordance with procedures developed by the UPC that no underground facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such underground facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person that submitted the locate request pursuant to Code Section 25-9-6 may proceed with the blasting or excavating, provided that there is no visible and obvious evidence of the presence of an unmarked underground facility or sewer lateral on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the underground facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (f) If visible and obvious evidence of the presence of an unmarked underground facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to excavating. The facility owner or operator shall be strictly liable for the actual costs associated with the excavator designating such underground facilities and sewer laterals and any associated downtime. Such costs shall not exceed $100.00 or documented actual costs, whichever is greater, for each locate request. (g) All underground facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable underground facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the underground sewer owner or operator is present on or after January 1, 2006, such underground facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records.

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(h) Facility owners or operators shall either maintain recorded information concerning the location and other characteristics of abandoned underground facilities, maintain such abandoned underground facilities in a locatable manner, or remove such abandoned underground facilities. Facility owners or operators shall provide information on abandoned underground facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned underground facility within an excavation site is known, the facility owner or operator should attempt to designate the abandoned underground facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned underground facilities and sewer laterals shall be treated as live underground facilities and sewer laterals. (i) Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all underground facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter. (j) Large project rules shall be promulgated by the commission. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and the time period for which designations are valid.
(k)(1) Within the notice period of the locate request submitted in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations of facilities is deemed to be an acceptable form of notification to the excavator or locator. (2) This subsection shall not apply to sewer laterals.

25-9-8. (a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any underground facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter. (b) When blasting or excavating is to take place within the tolerance zone, the excavator shall exercise reasonable care for the protection of the underground facility or sewer lateral, including permanent markers and paint placed to designate underground facilities. Such protection shall include, but shall not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be

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developed. Other mechanical methods may be used with the approval of the facility owner or operator. (c) If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation. (d) When conducting trenchless excavation the excavator shall exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to underground facilities and sewer laterals. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care. The commission is authorized to adopt additional criteria to define additional care. (e) Any person engaged in blasting or in excavating with mechanized excavating equipment that strikes, damages, injures, or loosens any underground facility or sewer lateral, regardless as to whether the underground facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving such notification from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of such damage. Until such time as the damage has been repaired, no person shall engage in blasting or excavating activities that may cause further damage to the underground facility or sewer lateral except as provided in Code Section 25-9-12. (f) The excavator shall make an emergency 9-1-1 call to alert emergency services upon striking or damaging an underground facility that carries:
(1) Gas as defined in 49 C.F.R. Parts 192 and 193; or (2) Hazardous liquid as defined in 49 C.F.R. Part 195.

25-9-9. (a) For the purposes of this chapter, the location of underground facilities provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person engaging in scheduled blasting and excavating shall be accurate to within 18 inches, measured horizontally from the outer edge of either side of such underground facilities. If any underground facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, the excavator shall not be subject to any liability resulting from damage to the underground facility as a result of the blasting or excavating, provided that such person engaging in scheduled blasting or excavating complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked underground facility. (b) Upon documented evidence that the person seeking information as to the location of underground facilities has incurred losses or expenses due to inaccurate information, lack

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of information, or unreasonable delays in supplying information by the facility owners or operators, such facility owners or operators shall be liable to such person for any such losses or expenses.

25-9-10. This chapter does not affect and is not intended to affect any right, title, power, or interest that any facility owner or operator may have with relation to any underground facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the underground facility is located.

25-9-10.1. (a)(1) On and after July 1, 2023, the Department of Transportation shall participate in and cooperate with the UPC for purposes of receiving locate requests in the Department of Transportation's right of way for underground facilities following a process consistent with Code Sections 25-9-6, 25-9-7, and 25-9-8 and subsection (a) of Code Section 25-9-9. (2) The Department of Transportation shall not be subject to the provisions of subsection (b) of Code Section 25-9-9 or the enforcement provisions of subsections (h) and (i) of Code Section 25-9-14. (3) The Department of Transportation shall not participate in the funding of the UPC or its activities.
(b) Nothing in this chapter shall be construed to deem the Department of Transportation to be a utility owner or a utility provider.

25-9-11. This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any underground facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.

25-9-11.1. No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of underground facilities, re-marking of underground facilities, or otherwise locating underground facilities or sewer laterals for any locate request or large project.

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25-9-12. The appropriate notice requirements prescribed by Code Section 25-9-6 shall not be required of persons performing emergency excavations; provided, however, that any person that engages in an emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing underground facilities and sewer laterals; provided, further, that any person that engages in an emergency excavation shall give notification of such emergency excavation as soon as practical to the UPC. In giving such notification, such person shall specifically identify the dangerous condition involved. If it is later determined that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notification had been given.

25-9-13. The appropriate notice requirements prescribed by Code Section 25-9-6 shall be required of persons performing nonemergency excavations in an area where one or more facility owners or operators has declared extraordinary circumstances in accordance with subsection (d) of Code Section 25-9-7. When a situation of extraordinary circumstances has been declared, the excavator shall be responsible for securing knowledge of the PRIS status of all facility owners or operators in the area to be excavated, as not all facility owners or operators may have declared extraordinary circumstances. Once the PRIS status of all facility owners or operators is known, excavation may commence in accordance with the requirements of subsection (e) of Code Section 25-9-7. If there is visible and obvious evidence of the presence of an unmarked underground facility or sewer lateral of a facility owner or operator that has declared extraordinary circumstances, the excavator shall exercise reasonable care for the protection of such underground facilities and sewer laterals when excavating.

25-9-14. (a) Any person that violates the requirements of subsection (a), (f), or (g) of Code Section 25-9-6 and when resultant blasting or excavating damages underground facilities or sewer laterals such person shall be strictly liable for:
(1) All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities, excluding betterments. An investigation of any damages shall be initiated by the completion of the next business day following the repair of the reported damage. All repair invoices shall be sent to the excavator within 90 days of completion of the repair; and (2) Any injury or damage to persons or property resulting from damaging the underground facilities and sewer laterals. (b) Each local governing authority is authorized to require by ordinance any bonds on underground contractors or on persons performing blasting or excavating within any public right of way or any dedicated underground easement as it may determine to assure compliance with subsection (a) of this Code section.

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(c) Any person that violates the requirements of Code Section 25-9-6 and when resultant blasting or excavating damages underground facilities or sewer laterals such person shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency except as permitted by law. (d) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 w in instances when such person has repeatedly violated the requirements of Code Section 25-9-6 or 25-9-8. (e) Subsections (a), (c), and (d) of this Code section shall not apply to any person that commences, performs, or engages in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which appropriate notice was given with respect to such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the UPC as required by Code Section 25-9-5. A facility owner or operator to which appropriate notice of blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 was given shall be prohibited from seeking claims for damages if no designation of underground facilities or sewer laterals was performed prior to the damage being incurred and the person blasting or excavating complied with the provisions in Code Section 25-9-8. (f) The enforcement provisions of this Code section shall not apply to any person that commences, performs, or engages in blasting or in excavating with mechanized equipment within the curb lines or edges of the pavement of any public road and that causes damage to an underground facility located within the roadway hard surface or the graded aggregate base therein if such person has complied with the provisions of this chapter and there is no indication that an underground facility is in conflict with the proposed excavation. (g) Any person engaged in excavating the concrete or asphalt of a road maintained by a local governing authority for the purpose of road repair, full depth reclamation, potholing, or general road repair that complies with Code Section 25-9-6 shall not be held liable for damage claims if the underground facility or sewer facility falls within the depth of the existing pavement and subbase materials or 12 inches below the road surface, whichever is less. (h) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter. In order to provide local governing authorities adequate time for initial budgeting and staffing, the starting date for enforcement of the requirement to locate traffic control devices and traffic management systems shall be January 1, 2024. (i) Enforcement actions brought under this chapter shall commence within three years from the date that the probable violation was reported to the commission.

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(j)(1) The Governor shall appoint an advisory committee as follows: (A) One member to represent the Department of Transportation; (B) One member to represent traffic control devices, traffic management systems, water systems, or water and sewer systems owned or operated by local governing authorities; (C) One member to represent the UPC; (D) One member to represent traffic control devices, traffic management systems, water systems, or water and sewer systems owned or operated by counties; (E) One member to represent traffic control devices, traffic management systems, water systems, or water and sewer systems owned or operated by municipalities; (F) One member to represent the nonmunicipal electric industry; (G) Five members to represent excavators to include the following: (i) One member to represent licensed utility contractors; (ii) One member to represent licensed general contractors; (iii) One member to represent licensed plumbers; (iv) One member to represent landscape contractors; and (v) One member to represent highway contractors; (H) One member to represent locators; (I) One member to represent the nonmunicipal telecommunications industry; (J) One member to represent the nonmunicipal natural gas industry; (K) One member to represent municipal gas, electric, or telecommunications providers; and (L) The commission chairperson or such chairperson's designee.
The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter. (2) The advisory committee shall establish rules of operation including an attendance policy. In the event a committee member resigns or fails to meet the criteria of the attendance policy, the advisory committee shall appoint an interim member to represent the same stakeholder group until such time as the Governor appoints a replacement. (3) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (4) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their

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duties while serving as members of such advisory committee, but only in the absence of willful misconduct. (k)(1) Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law.
(2)(A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or proven violation. Civil penalties may be recommended for or imposed on any local governing authority for refusal to comply with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of underground facility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed, for violations of provisions of this chapter other than Code Section 25-9-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. For purposes of this subsection 'refusal to comply' means that an underground facility owner or operator does not respond in PRIS to a locate request, does not respond to a direct telephone call to designate their facilities, or other such direct refusal. Refusal to comply shall not mean a case where the volume of requests or some other mitigating circumstance prevents the underground facility owner or operator from locating in accordance with Code Section 25-9-7. (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of underground facility connections and types of utilities within the territory of the local governing authority. Such penalty structure shall also take into account the number of locate requests received annually by the local governing authority, the number of locate codes made annually to the local governing authority from the UPC, the number of customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier.

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(3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance. Commission investigators shall make recommended findings or offers of settlement to the respondent. (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators' recommendation, rejecting the investigators' recommendation, or substituting its own recommendation. With respect to an investigation of any probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondent's culpability; the respondent's history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. To the extent that a respondent does not accept a settlement agreement or request to dispute the recommendation of the investigators to the advisory committee, the respondent shall be assigned to a hearing officer or administrative law judge. (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point shall stop further action by the investigators in such case. (6) When the respondent agrees with the advisory committee recommendation, the investigators shall present such agreement to the commission. The commission is then authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty. (7) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (d) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing

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authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter. (l) All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury."

SECTION 2. Code Section 46-3-34, relating to utilities protection center, funding of activities, notice of work delay, and responsibility for completing safety requirements, is amended by revising subsection (a) as follows:
"(a) All utilities shall organize, participate as members in, and cooperate with the utilities protection center. In lieu of organizing a new center, if the organization defined as the Utilities Protection Center (UPC) in Code Section 25-9-3 undertakes to serve as the utilities protection center referred to in this part, it may do so and no duplicative center shall thereafter be established. The activities of the center relating to high-voltage lines shall be funded by all utilities."

SECTION 3. This Act shall become effective on September 1, 2022.

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

Approved May 2, 2022.

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LOCAL GOVERNMENT REVISES ANNEXATION REPORTING REQUIREMENTS.

No. 778 (House Bill No. 1385).

AN ACT

To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to revise annexation reporting requirements to require the provision of reports to the Legislative and Congressional Reapportionment Office of the General Assembly; to require the submission of a digital shapefile with such reports; to provide for regional commissions to assist certain municipalities in the production of such digital files; 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 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed property, maps and surveys, and technical assistance to municipalities, as follows:
"36-36-3. (a) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall file a report identifying any property annexed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the county governing authority of the county in which the property being annexed is located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the annexation becomes effective but may be filed more frequently. Each report shall include the following:
(1) The legal authority under which the annexation was accomplished, which shall be the ordinance or resolution number for any annexation effected pursuant to Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act of the General Assembly; (2) The name of the county in which the property being annexed is located; the total acreage annexed; the enactment date and effective date of the annexation ordinance, resolution, or local Act of the General Assembly; (3) A letter from the governing authority of any municipality annexing property stating its intent to add the annexed area to maps provided by the United States Bureau of the Census during their next regularly scheduled boundary and annexation survey of the municipality and stating that the survey and map will be completed as instructed and returned to the United States Bureau of the Census; (4) A list identifying roadways, bridges, and rights of way on state routes that are annexed and, if necessary, the total mileage annexed; and (5) A digital shapefile of the annexed area. (b) The submission of a report required under subsection (a) of this Code section shall be made in writing and in electronic format to the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and to others as required by the submitting municipality. (c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or other person designated by the governing authority of the annexing municipality within 30 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The Legislative and Congressional Reapportionment Office of the General Assembly shall notify the clerk, city attorney, or other person designated by the governing authority of the annexing municipality within 60 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The annexing municipality shall file a corrected report with the department, Legislative and

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Congressional Reapportionment Office of the General Assembly, and the county governing authority where the annexed property is located within 45 days from the date of the notice of any deficiency. (2) No annexed area shall be added to the state map until such report has been properly submitted to the Department of Community Affairs and the Legislative and Congressional Reapportionment Office of the General Assembly. The Department of Community Affairs shall not provide a certification of annexation to the United States Census Bureau unless the governing authority of the annexing municipality has filed a completed report as required under subsection (a) of this Code section. (3) Compliance with the requirements of this Code section shall be construed to be merely ancillary to and not an integral part of the annexation procedure such that an annexation shall, if otherwise authorized by law, become effective even though required filings under this Code section are temporarily delayed. (d) The Department of Community Affairs may provide technical assistance to any municipality with respect to the requirements of subsection (a) of this Code section. (e) The Department of Community Affairs shall maintain the annexation reports submitted to it pursuant to this Code section for two years. Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation report from a municipality, the Department of Community Affairs shall transfer possession of such report to the Division of Archives and History for permanent retention. (f) In the event that any municipality annexing property cannot produce the digital shapefile required by paragraph (5) of subsection (a) of this Code section by utilizing its own geographic information system, the regional commission established pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality shall assist such municipality in producing and providing such digital shapefile. . (g) The governing authority of any municipality annexing property shall add all annexed areas to maps provided by the United States Census Bureau during the next regularly scheduled boundary and annexation survey of the municipality, complete the survey and map as instructed, and return them to the United States Census Bureau within the time frame requested."

SECTION 2. Said Chapter is further amended by revising Code Section 36-36-59, relating to filing of identification of annexed territory with Department of Community Affairs and county governing authority, as follows:
"36-36-59. Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the clerk, city attorney, or other person designated by the governing authority of the municipal corporation to cause an identification of the annexed territory to be filed with the Department of Community Affairs, the Legislative and Congressional

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Reapportionment Office of the General Assembly, and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3."

SECTION 3. Said Chapter is further amended in Code Section 36-36-92, relating to annexation of unincorporated islands, procedures, and provision of municipal services, by revising subsection (b) as follows:
"(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Department of Community Affairs, the Legislative and Congressional Reapportionment Office of the General Assembly, and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3."

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

Approved May 2, 2022.

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LABOR AND INDUSTRIAL RELATIONS RIGHT OF ACTION AGAINST LOCAL GOVERNMENT FOR RETALIATION; CIVIL RELIEF; CORRECTIVE AND REMEDIAL ACTION.

No. 779 (House Bill No. 1390).

AN ACT

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for a right of action against a local government for retaliation; to provide for a definition; to provide for elements of such right; to provide for civil relief; to provide for corrective or remedial action; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new chapter to read as follows:

"CHAPTER 5A

34-5A-1. As used in this chapter, the term 'sexual harassment' means sexual advances, requests for sexual favors, sexual or sex-based conduct, or any other unwelcome and offensive conduct of a sexual nature where:
(A) Submission to the conduct involved is made, implicitly or explicitly, a term or condition of work; (B) Submission to or rejection of the conduct is used as the basis for a personnel decision affecting the individual's work; or (C) Such conduct creates an intimidating, hostile, or offensive work environment, provided that an intimidating, hostile, or offensive work environment is not created when the conduct does not rise above the level of what a reasonable person would consider merely tactless, inconsiderate, overfamiliar, or otherwise impolite, particularly with regard to the totality of the circumstances.

34-5A-2. (a) Any individual working for a county, municipality, or consolidated government as an employee or in a similar capacity shall have a cause of action for retaliation against the county, municipality, or consolidated government if such county, municipality, or consolidated government has discharged, suspended, demoted, or taken any other adverse action against the individual in the terms or conditions of the work relationship because the individual has:
(1) Opposed sexual harassment; (2) Made a report or a charge, or filed any complaint related to sexual harassment; (3) Instituted or caused to be instituted, assisted, or participated in any manner in any investigation, proceeding, hearing, or action related to sexual harassment; or (4) Provided information, testified, or is known by the county, municipality, or consolidated government to be planning to testify in any manner in any such investigation, proceeding, hearing, or action related to sexual harassment. (b) Such individual may institute such a civil action in accordance with the provisions of paragraph (1) of subsection (e) of Code Section 45-1-4, and a court may order any or all of the relief described in paragraph (2) of subsection (e) and subsection (f) of Code Section 45-1-4. (c) Nothing in this Code section shall be interpreted to prohibit the county, municipality, or consolidated government from taking appropriate corrective or remedial action against any individual who it determines has engaged in or facilitated sexual harassment."

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

Approved May 2, 2022.

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CRIMINAL PROCEDURE REVISES COMPENSATION OF PUBLIC DEFENDERS AND ASSISTANT PUBLIC DEFENDERS.

No. 780 (House Bill No. 1391).

AN ACT

To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to revise the compensation of public defenders and assistant public defenders; 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 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, is amended by revising subsection (a) of Code Section 17-12-25, relating to salary of public defender and private practice prohibited, as follows:
"(a) Each circuit public defender shall receive an annual salary equal to the annual salary of a district attorney and shall receive any cost-of-living adjustments that may be given by the General Assembly in the General Appropriations Act for which district attorneys are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. Each circuit public defender may also be entitled to an accountability court salary supplement as set forth in Code Section 17-12-25.1."

SECTION 2. Said article is further amended by revising subsection (c) of Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions, as follows:
"(c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary range established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each job established in accordance with subsection (b) of this Code section shall be as follows:

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(1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 nor more than 95 percent of the compensation of the circuit public defender."

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

Approved May 2, 2022.

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LABOR AND INDUSTRIAL RELATIONS CHANGES PROVISIONS RELATED TO WORKERS' COMPENSATION BENEFITS; INCREASES COMPENSATION
BENEFITS FOR TOTAL DISABILITY AND TEMPORARY PARTIAL DISABILITY AND TOTAL PAYABLE TO SURVIVING SPOUSE AS SOLE DEPENDENT AT TIME OF DEATH.

No. 781 (House Bill No. 1409).

AN ACT

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions related to workers' compensation benefits; to increase the compensation benefits for total disability and temporary partial disability; to increase the total compensation payable to a surviving spouse as a sole dependent at the time of death; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising Code Section 34-9-261, relating to compensation for total disability, as follows:

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"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $725.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."

SECTION 2. Said chapter is further amended by revising Code Section 34-9-262, relating to compensation for temporary partial disability, as follows:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter but not more than $483.00 per week for a period not exceeding 350 weeks from the date of injury."

SECTION 3. Said chapter is further amended in Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, penalty for death from injury proximately caused by intentional act of employer, and payment of death benefits where no dependents found, by revising subsection (d) as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $290,000.00."

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

Approved May 2, 2022.

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GENERAL PROVISIONS CODE REVISER BILL.

No. 782 (House Bill No. 1428).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to codify principles of law derived from decisions of the state Supreme Court; to provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-8-11, relating to definitions regarding agricultural commodity commissions generally, in paragraphs (4), (10), and (11), by replacing "he" with "he or she" each time the term appears. (2) 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, in paragraph (c)(1), by replacing "appointive" with "appointed" and in subsection (d), by deleting "posting and". (3) Code Section 2-12-47, relating to the sale of noncomplying, toxic, or domestic septage material prohibited, in subsection (c), by replacing "40 CFR 503.9" with "40 C.F.R. 503.9". (4) Code Section 2-12-50, relating to notice and prosecution of violations, hearings, and penalty, in subsections (d) and (e), by replacing "40 CFR 503.9" with "40 C.F.R. 503.9" each time the term appears. (5) Code Section 2-12-71, relating to definitions regarding soil amendments, in subparagraph (1)(D), by replacing "40 CFR 503.9" with "40 C.F.R. 503.9". (6) Code Section 2-12-80, relating to promulgation and adoption of rules and regulations and sharing of information by the Commissioner of Agriculture, at the end of subparagraph (1)(A), by deleting "and". (7) Code Section 2-12-83, relating to penalties regarding soil amendments, in subsections (b) and (c), by replacing "40 CFR 503.9" with "40 C.F.R. 503.9" each time the term appears.

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(8) Code Section 2-23-4, relating to required licenses, research by colleges and universities, and processing of other products relative to hemp farming, in paragraph (a)(3), by deleting "or under 7 U.S.C. Section 5940," and in subsection (b), by deleting "pursuant to 7 U.S.C. Section 5940 on and after May, 10, 2019, or". (9) Code Section 2-23-6.1, relating to bond requirements, breach of bond, hearing, enforcement, and insufficient bond funds relative to hemp farming, in subsection (a), by replacing "$1,000,000.00" with "$1 million". (10) Code Section 2-23-7, relating to business agreements, transportation, and reimbursement for crop destruction relative to hemp farming, in division (b)(1)(A)(i) and subparagraph (b)(2)(A), by deleting "or under 7 U.S.C. Section 5940".

Reserved.

SECTION 3.

SECTION 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in: (1) Code Section 4-11-3, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, requirement, issuance, and application, in subparagraph (c.1)(1)(B), by replacing "9 equines" with "nine equines" both times the phrase appears.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-239.5, which is repealed, by designating said Code section as reserved. (2) Code Section 7-1-432, relating to meetings of shareholders of a bank or trust company, in paragraph (a)(3), by replacing "Code section" with "Code Section". (3) Code Section 7-1-682, relating to exemption from licensing requirements, in paragraph (9), by replacing "clearing house" with "clearing-house". (4) Code Section 7-1-1001, relating to exemption for certain persons and entities, registration requirements, and authorized actions of licensed mortgage lenders, in paragraph (a)(9), by replacing "instrumentality of: the" with "instrumentality of the".

Reserved.

SECTION 8.

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SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, in subsection (b) and in subparagraphs (f)(1)(A) and (f)(1)(B), by replacing "e-mail" with "email" each time 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 10-1-310, relating to definitions, record keeping, offenses, and cooperation with law enforcement regarding organized retail crime prevention, in paragraphs (a)(5) and (a)(6), subsection (b), and the introductory language of subsections (c) and (e), by replacing "Third party" with "Third-party" and "third party" with "third-party" each time the terms appear.

Reserved.

SECTION 11.

Reserved.

SECTION 12.

Reserved.

SECTION 13.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended in: (1) Code Section 14-2-140, relating to definitions regarding business corporations, in paragraph (9), by replacing "e-mail" with "email". (2) Code Section 14-2-1807, relating to notice, performance reporting, and optional additional requirements regarding benefit corporations, in paragraph (c)(2), by replacing "Internet" with "internet". (3) Code Section 14-3-709, relating to remote communication by members relative to meetings of nonprofit corporations, in subparagraph (2)(A), by adding the opening parenthesis around the subparagraph (A) designation.

Reserved.

SECTION 15.

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SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-6-5.1, relating to improper sexual contact by employee, agent, or foster parent, consent not a defense, and penalty, in paragraph (f)(1), by replacing "by employee, improper sexual contact by a person in a position of trust in the first degree, or agent" with "by employee or agent, improper sexual contact by a person in a position of trust in the first degree," and by replacing "10" with "ten". (2) Code Section 16-11-90, relating to prohibition on nude or sexually explicit electronic transmissions, in subparagraphs (b)(1)(A) and (b)(2)(A), by deleting the comma following "board". (3) Code Section 16-12-191, relating to possession, manufacture, distribution, or sale of low THC oil and penalties, in subparagraph (b)(1)(A), by deleting "pursuant to Chapter 51 of Title 31", at the end of division (b)(1)(A)(x), by inserting "and", by deleting subparagraph (b)(1)(B), by redesignating subparagraph (b)(1)(C) as subparagraph (b)(1)(B), and in subsection (e), by deleting "pursuant to Chapter 51 of Title 31" following "agent" and by replacing "personnel, provided that such person has in his or her possession a permit issued as provided in Code Section 31-51-7 and such possession, purchase, sale, manufacturing, distribution, or dispensing is solely for the purposes set forth in Chapter 51 of Title 31." with "personnel.". (4) Code Section 16-12-206, relating to annual, nontransferable dispensing license, adoption of rules, and fees regarding general provisions of access to medical cannabis, in subsection (c), by replacing "commission shall each be" with "commission shall be". (5) Code Section 16-12-235, relating to research in compliance with federal regulations and other research permitted regarding dispensing and distribution of medical cannabis, by deleting the subsection (a) designation and by deleting subsection (b).

Reserved.

SECTION 17.

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-8-24, relating to advertising restrictions and requirements, "inducements" defined, unlawful inducements, penalties, exemption for personal communications, and civil actions regarding general provisions of adoption, in paragraph (a)(1), by replacing "Internet" with "internet" and in subsection (e), by inserting a comma following "or both".

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(2) Code Section 19-9-3, relating to establishment and review of child custody and visitation, in subparagraph (a)(3)(I), by replacing "paragraph (3) of subsection (a) of Code Section 19-9-3" with "this paragraph".

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1-30, relating to establishment of school policies on hazing, public disclosure of incidents, and confidentiality of student information, in subsection (d), by replacing "the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g" with "the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g". (2) 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 the State Board of Education, authorization for nonprofit corporation, authorization to receive donations from taxpayers, requirements, and annual report, in subsection (b), by replacing "subparagraph (g.1)(1)" with "paragraph (1) of subsection (g.1)". (3) Code Section 20-2-167.2, relating to virtual instruction through virtual schools and no waivers, by revising subsection (b) as follows:
"(b) A local school system that provides virtual instruction through a virtual school whose total student enrollment is composed of more than 5 percent out-of-system students shall:
(1) Ensure that 90 percent of funds earned pursuant to this article for out-of-system students are expended for costs for virtual instruction for such out-of-system students and shall return any excess funds to the state treasury which are not expended for such purposes; and (2) Include in the virtual school and local school system's College and Career Ready Performance Index data academic achievement results for out-of-system students."

SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-2-2, relating to definitions regarding elections and primaries generally, in paragraph (2.1), by replacing "devices;" with "devices," and in paragraph (7.1), by replacing "and a navigational" with "and navigational".

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

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Reserved.

SECTION 25.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-5-21, relating to the State Commission on Narcotic Treatment Programs and abolishment, which was automatically abolished on January 1, 2017, by designating said Code section as repealed and reserved.

Reserved.

SECTION 27.

Reserved.

SECTION 28.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-5-10, relating to petition for appointment of conservator and requirements of petition, at the end of paragraph (b)(13), by replacing the period with a semicolon.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-1-40, relating to prohibition on expenditure or use of state resources to advocate for or intend to influence citizens in support of Medicaid expansion under the federal Affordable Care Act, by redesignating said Code section as Code Section 31-1-19. (2) Code Section 31-9A-4, relating to information to be made available by the Department of Public Health under the Woman's Right to Know Act, format requirements, availability, and requirements for website, in subsection (d), by replacing "Internet" with "internet". (3) Code Section 31-11-55.2, relating to administration of hydrocortisone sodium succinate intramuscular by emergency medical services personnel, training, reporting, and immunity, in paragraph (a)(1), by replacing "salt wasting" with "salt-wasting". (4) Code Section 31-22-9.1, relating to HIV tests and who may perform tests, in paragraph (a)(1), by replacing "Acquired Immunodeficiency Syndrome or AIDS Related Complex" with "acquired immunodeficiency syndrome or AIDS related complex", in paragraph (a)(10), by replacing "Human Immunodeficiency Virus, Human T-Cell

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Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Related Virus," with "human immunodeficiency virus, human T-cell lymphotropic virus types III or IV, lymphadenopathy associated virus types I or II, AIDS related virus,", and in the introductory language of paragraph (a)(13), by replacing "'Institutional care facility'"means" with "'Institutional care facility' means". (5) Code Section 31-22-12, relating to injunction of operation of clinical laboratories not certified, by inserting a comma following "of this chapter".

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) Code Section 32-2-82, relating to alternative contracting methods, in subsection (f), by replacing "ten year" with "ten-year" and in subsection (i), by inserting a comma following "2026". (2) Code Section 32-10-60, relating to definitions regarding general provisions of the State Road and Tollway Authority, by revising paragraph (6.1) as follows:
"(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway funds and reimbursements, any other federal highway assistance received from time to time by the authority, any other moneys of the authority pledged for such purpose, any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank, and any moneys received pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78."
(3) Code Section 32-10-63, relating to powers of the State Road and Tollway Authority generally, in paragraph (7), by deleting the subparagraph (A) designation and deleting subparagraph (B), which was repealed on July 1, 2021.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-2-28, relating to the scope of judicial review and the disposition of action by the reviewing court, at the end of subparagraph (c)(2)(E), by inserting "and". (2) Code Section 33-6-4, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalties regarding insurance, in subparagraphs (b)(12)(A) and (b)(12)(B), by replacing "medicare" with "Medicare" each time the term appears. (3) Code Section 33-7-6, relating to property insurance, contract requirements, rules and regulations, and exemptions, in subparagraph (c)(3)(B), by replacing "subparagraph (c)(3)(A)" with "subparagraph (A) of this paragraph" and in paragraph (c)(4), by replacing "purchase," with "purchase price," and "pro rate" with "pro rata".

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(4) Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, in paragraph (a)(4), by replacing "the term 'legal liability' is" with "the term "legal liability" is". (5) Code Section 33-20C-2, relating to online provider directories, printed directories by request, required content, accessibility, and public health emergency, by revising paragraphs (g)(3) and (g)(4) as follows:
"(3) This subsection shall not apply if the: (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; or (C) Insurer terminates the provider for cause for fraud, misrepresentation, or other actions constituting a termination for cause under such provider's contract.
(4) Paragraph (1) of this subsection shall not apply if the 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. (5) The provisions of subsection (d) of Code Section 33-20C-3 shall not apply to the circumstances described in paragraph (1) of this subsection." (6) Code Section 33-23-43.8, relating to prohibited acts of adjusters, in subsection (b), by replacing "8 A.M." with "8:00 A.M." and by replacing "10 P.M." with "10:00 P.M." both times the term appears and at the end of paragraphs (g)(3) and (g)(4), by replacing the periods with semicolons.

Reserved.

SECTION 34.

Reserved.

SECTION 35.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-8-6, which is repealed, by designating said Code section as reserved. (2) Code Section 36-32-12, relating to municipal court held outside municipality, by replacing "code section" with "Code section".

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-1-53, relating to classification of privileged materials regarding hearings and evidence, by replacing "subsection" with "Code section".

360 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I 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 40-5-27, relating to the examination of applicants for a driver's license, in paragraph (d)(2), by inserting a comma following "however".

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-1-12, relating to the state sexual offender registry, in subparagraph (a)(10)(B.3), by inserting a comma following "July 1, 2019".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-10-6, relating to rules and regulations relative to barbers and cosmetologists as to sanitary requirements, instructions on HIV and AIDS, inspections, and unsanitary conditions as nuisance, in subsection (b), by replacing "Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome" with "human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)". (2) Code Section 43-10A-50, relating to the short title of the "Professional Counselors Licensure Compact Act," by replacing "as 'The Professional" with "as the 'Professional". (3) Code Section 43-27-2, relating to the creation and membership of the State Board of Long-Term Care Facility Administrators, at the end of paragraph (a)(4), by replacing "; and" with a period. (4) Code Section 43-28-20, relating to the short title of the "Occupational Therapy Licensure Compact Act," by replacing "as 'The Occupational" with "as the 'Occupational". (5) Code Section 43-34-23, relating to delegation of authority to nurses or physician assistants regarding medical practice, in division (b)(1)(A)(ii), by replacing "or clinical nurse specialist, psychiatric/mental health" with "or clinical nurse specialist in psychiatric/mental health".

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Reserved.

SECTION 44.

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-18-7.3, relating to employees of Peace Officers' Annuity and Benefit Fund, Georgia Firefighters' Pension Fund, and Sheriffs' Retirement Fund of Georgia and their spouses and dependent children, by replacing "Peace Officers' Annuity Benefit Fund" with "Peace Officers' Annuity and Benefit Fund".

Reserved.

SECTION 46.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-7-21, relating to taxation of corporations, in paragraph (b)(3), by replacing "state including," with "state, including," and by replacing "losses including," with "losses, including,", at the end of subparagraph (b)(7)(B), by replacing the period with "; and", and in division (b)(7)(C)(iii), by replacing "however, such" with "however, that such". (2) Code Section 48-7-23, relating to taxation of partnerships, computation of net income, disallowance of charitable contributions, individual liability of partners, individual returns of distributive shares, taxable years, and elections, in paragraph (b)(3), by replacing "this Code Section," with "this Code section,", in paragraph (b)(4), by replacing "however, such" with "however, that such", and in paragraph (b)(7), by replacing "an "S" corporation" with "an 'S' corporation". (3) Code Section 48-7-24, relating to nonresident members of resident partnerships, resident members of nonresident partnerships, profits, distributive shares, taxability, and applicability, at the beginning of subsection (d), by replacing "This Code Section" with "This Code section". (4) Code Section 48-7-32, relating to taxation of railroad and public service corporations, computation of net income where business is within and outside state, and net income for all other such corporations, in subsection (b), by inserting a comma following "of the corporation". (5) Code Section 48-7-37, relating to taxes due from members of armed forces dying on active duty, applicability of tax to particular taxable years, assessment of unpaid taxes, abatement, and credit or refund of collected payments, in paragraph (1), by replacing "his

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death" with "his or her death" and by replacing "he" with "he or she" and in paragraph (2), by replacing "his death" with "his or her death,". (6) Code Section 48-7-108, relating to employer's liability, in subsection (c), by inserting a comma following "limitations". (7) Code Section 48-7-161, relating to definitions regarding setoff debt collection, in paragraph (.1), by replacing "means entity" with "means the entity". (8) Code Section 48-8-3, relating to exemptions regarding general provisions of state sales and use tax, in paragraph (103), which was repealed effective January 1, 2021, by designating said paragraph as "Reserved; or". (9) Code Section 48-8-3.3, relating to state sales tax exemptions for agricultural operations, by redesignating the provisions of paragraph (d)(5) as paragraph (e)(5). (10) Code Section 48-8-77, relating to sourcing, definitions, sales of advertising and promotional direct mail and other direct mail, and sales of telecommunications service, in paragraph (b)(4), by inserting "the term" following "this paragraph,". (11) Code Section 48-8-97, relating to levy of joint county and municipal sales and use tax by consolidated governments, use of proceeds, and referendum, in paragraph (e)(2), by replacing "subsections (g) and (f)" with "subsections (f) and (g)". (12) Code Section 48-13-50.3, relating to additional nightly tax levied on public accommodations, collection and remittance by innkeepers, exemptions, use of funds from additional taxes, and provisions for termination, in paragraphs (a)(2) and (a)(3), by redesignating the text of current paragraph (a)(2) as new paragraph (a)(3) and by redesignating the text of current paragraph (a)(3) as new paragraph (a)(2), in subsection (e), which is repealed, by designating said subsection as reserved, and in subsection (f), by deleting "subsection (e) of this Code section or".

Reserved.

SECTION 49.

Reserved.

SECTION 50.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in: (1) Code Section 51-12-73, relating to structured settlement purchase companies and requirements for doing business, in paragraph (b)(5), by replacing "obligations to payee" with "obligations to the payee". (2) Code Section 51-12-76, relating to separate disclosure statement provided to payee and requirements, in paragraph (6), by inserting a comma following "effect".

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SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in: (1) Code Section 52-2-30, relating to the confirmation and validation of revenue bonds and venue of actions to confirm and validate bonds or to enforce rights under the "Georgia Ports Authority Act," by replacing "provided, however," with "provided, however, that". (2) Code Section 52-7-3, relating to definitions regarding the "Georgia Boat Safety Act," in paragraph (25), by replacing "provided, however," with "provided, however, that". (3) Code Section 52-7-14, relating to collisions, accidents, and casualties and salvage rights regarding the "Georgia Boat Safety Act," at the end of subparagraph (c)(3)(S), by inserting "and".

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 53-3-6, relating to issuance of citation and publication of notices and mailing of petitions to tax commissioners, at the end of paragraph (c)(2), by replacing "date and time for objections to be filed shown in the citation." with "date and time shown in the citation for objections to be filed.". (2) Code Section 53-6-60, relating to amount of compensation for administrators and personal representatives, in subsection (e), by replacing "provided, however," with "provided, however, that".

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 2021 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 2021 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;

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(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; (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 2021 regular session of the General Assembly of Georgia shall supersede the

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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 2022 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 2, 2022.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES REVISES CRIMINAL JUSTICE COORDINATING COUNCIL ADVISORY BOARD.

No. 783 (House Bill No. 1433).

AN ACT

To amend Code Section 35-6A-11 of the Official Code of Georgia Annotated, relating to advisory board created and membership relative to the Criminal Justice Coordinating Council, so as to revise and update the composition of the advisory board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 35-6A-11of the Official Code of Georgia Annotated, relating to advisory board created and membership relative to the Criminal Justice Coordinating Council, is amended by revising subsections (a) and (b) as follows:
"(a) There is established an advisory board to the council which shall consist of at least 15 and not more than 33 members appointed by the Governor who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the

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administration of juvenile justice, or the reduction of juvenile delinquency and shall be composed of:
(1) At least three members of the council, two of whom are not full-time government employees or elected officials; (2) At least one locally elected official representing general purpose local government; (3) Representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecuting attorneys, attorneys for children and youth, and probation workers; (4) Representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (5) Representatives of private nonprofit organizations, including individuals with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (6) Volunteers who work with delinquent children or potential delinquent children; (7) Representatives of programs that are alternatives to incarceration, including programs providing organized recreation activities; (8) Individuals with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (9) Persons, licensed or certified by the applicable state, with expertise and competence in preventing and addressing mental health and substance abuse issues in delinquent youth and youth at risk of delinquency; and (10) Representatives of victim or witness advocacy groups, including at least one individual with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience disproportionate levels of sexual abuse, exploitation, and trauma before entering the juvenile justice system. (b)(1) A majority of the members of the advisory board, including the chairperson, shall not be full-time employees of the federal, state, or local government. (2) At least one-fifth of the members of the advisory board shall be under 28 years of age at the time of their appointment. (3) At least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system of this state or, if not feasible and in appropriate circumstances, shall be a parent or guardian of a person who has been or is currently under the jurisdiction of the juvenile justice system."

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

Approved May 2, 2022.

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DOMESTIC RELATIONS DATING VIOLENCE.

No. 784 (House Bill No. 1452).

AN ACT

To amend Chapter 13A of Title 19 of the Official Code of Georgia Annotated, relating to dating violence protective orders, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13A of Title 19 of the Official Code of Georgia Annotated, relating to dating violence protective orders, is amended by revising paragraph (2) of Code Section 19-13A-1, relating to definitions, as follows:
"(2) 'Dating violence' means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last 12 months were, in a dating relationship:
(A) Any felony; or (B) Commission of the offenses of simple battery, battery, simple assault, or stalking."

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

Approved May 2, 2022.

__________

LOCAL GOVERNMENT REVISES ANNEXATION DISPUTE RESOLUTION PROVISIONS.

No. 785 (House Bill No. 1461).

AN ACT

To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to revise provisions relating to dispute resolution; to provide definitions; to revise notice provisions; to revise provisions relating to deadlines; to provide additional grounds to object to an annexation; to revise qualifications for arbitration panel members; to provide for court reporters and hearing officers during arbitrations; to revise

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provisions relating to sharing the costs of arbitration; to provide for rule making; to authorize virtual and teleconference arbitration meetings; to require arbitration findings to be sent to the Department of Community Affairs; to provide for regular reports on arbitration findings; to revise per diems for arbitration panel members; to extend the period of a zoning freeze following an arbitration; to revise provisions regarding notice municipalities must provide to counties regarding annexation applications; to provide for written notice of public hearings to property owners in proposed areas of annexation, under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by revising Article 7, relating to procedure for resolving annexation disputes, as follows:

"ARTICLE 7

36-36-110. The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly.

36-36-110.1. As used in this article, the term:
(1) 'Cost' or 'costs' means expenses incurred by a county, municipality, and property owner or owners whose property is at issue, including, but not limited to, per diems, venue rental, teleconference charges, the use of court reporters or hearing officers, and arbitrators' fees and expenses. (2) 'Department' means the Department of Community Affairs. (3) 'Impacted school system' means a county or independent school system operating or providing services to the territory to be annexed or which would operate or provide services in a territory to be annexed. (4) 'Notice' or 'notify' means a letter that includes a description of the property to be annexed, a description of the proposed zoning classification and land use of the area to be annexed, and pursuant to Code Section 36-36-4, information on the time and place of the public hearing on zoning of the property to be annexed. (5) 'Verifiable delivery' means hand delivery, electronic mail, certified mail, or statutory overnight delivery, provided that the means of delivery allows for verification of the delivery of such notice.

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36-36-111. Within 30 days of a municipal corporation's acceptance of a petition of annexation, the municipal corporation shall notify the governing authority of the county and any impacted school system in which the territory to be annexed is located by verifiable delivery. Such notice shall include a copy of the annexation petition which shall include the proposed zoning and land use for such area. The municipal corporation shall take no final action on such annexation except as otherwise provided in this article.

36-36-112. If no objection is received as provided in Code Section 36-36-113, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation, the municipal corporation shall not change the zoning or land use plan relating to the annexed property to a more intense density than that stated in the notice provided for in Code Section 36-36-111 for one year after the effective date of the annexation unless such change is made in the service delivery agreement or comprehensive plan and is adopted by the affected city and county and all required parties.

36-36-113. (a) The county governing authority may by majority vote, as defined by applicable general or local law, object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following:
(1) The proposed change in zoning or land use; (2) Proposed increase in density; and (3) Infrastructure demands related to the proposed change in zoning or land use. (b) Delivery of services may not be a basis for a valid objection but may be used in support of a valid objection if directly related to one or more of the subjects enumerated in paragraphs (1), (2), and (3) of subsection (a) of this Code section. (c) The objection provided for in subsection (a) of this Code section shall document the nature of the objection specifically providing evidence of any financial impact forming the basis of the objection and shall be delivered to the municipal governing authority and the department by verifiable delivery to be received not later than the end of the forty-fifth calendar day following receipt of the notice provided for in Code Section 36-36-111. (d) In order for an objection pursuant to this Code section to be valid, the proposed annexation must: (1) Result in:
(A) A substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use; or (B) A use which significantly increases the net cost of infrastructure or significantly diminishes the value or useful life of a capital outlay project, as such term is defined in Code Section 48-8-110, which is furnished by the county to the area to be annexed; and

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(2) Authorize or result in a land use that differs substantially from the existing uses suggested for the property by the county's comprehensive land use plan or permitted for the property pursuant to the county's zoning ordinance or its land use ordinances.

36-36-114. (a) Not later than the fifteenth calendar day following the date the department received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section. (b) The arbitration panel shall be composed of five members to be selected as provided in this subsection. The department shall develop three pools of arbitrators, one pool which consists of persons who are currently or within the previous six years have been municipal elected officials, one pool which consists of persons who are currently or within the previous six years have been county elected officials, and one pool which consists of persons with a master's degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government of the University of Georgia. The pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than four panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, the Council of Local Governments, and similar organizations in developing and maintaining such pools. (c) Upon receiving notice of a disputed annexation, the department shall choose at random four names from the pool of municipal officials, four names from the pool of county officials, and three names from the pool of academics; provided, however, that none of such selections shall include a person who is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county, and further provided that none of such selections shall include a person who has already served on four other arbitration panels in the then-current calendar year. The municipal corporation shall be permitted to strike or excuse two of the names chosen from the county officials pool; the county shall be permitted to strike or excuse two of the names chosen from the municipal officials pool; and the county and municipal corporation shall each be permitted to strike or excuse one of the names chosen from the academic pool. (d) Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government of the University of Georgia in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. Provided that the General Assembly appropriates sufficient funds in an applicable fiscal year, the Carl Vinson Institute of Government of the University of

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Georgia shall provide at least one training program per year to train new potential panel members. (e) At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined, other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.' (f) The department shall develop and maintain a list of court reporters and hearing officers that may be employed by the department at the request of an arbitration panel to assist the panel in formulating the record before the panel. An arbitration panel may by majority vote of its members elect to employ court reporters and hearing officers from such list. Any costs or charges related to the employment of court reporters and hearing officers pursuant to this subsection shall be evenly divided between the city and the county. (g) The department shall promulgate rules and regulations to provide for uniform procedures and operations of arbitration panels established pursuant to this article. Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to the chairperson of the House Governmental Affairs Committee and the Senate Committee on State and Local Government Operations.

36-36-115. (a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the dispute as provided for in this article not later than 60 days following such appointment, provided that the chairperson of the arbitration panel shall be authorized to extend such deadline one time for a period of up to ten business days. Notwithstanding anything in this subparagraph to the contrary, the municipal corporation and county may by mutual agreement, postpone the arbitration procession for a period of up to 180 days to negotiate a potential settlement, and such postponement shall stay the 60 day deadline provided herein. (B) Meetings of the panel may occur in person, virtually, or via teleconference. The meetings of the panel in which evidence is submitted or arguments of the parties are made, whether such meeting is in person, virtual, or via teleconference, shall be open to the public pursuant to Chapter 14 of Title 50. (C) The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure, the

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panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands. (2) In arriving at its determination, the panel shall consider: (A) The existing comprehensive land use plans of both the county and city; (B) The existing land use patterns in the area of the subject property; (C) The existing zoning patterns in the area of the subject property; (D) Each jurisdiction's provision of infrastructure to the area of the subject property and to the areas in the vicinity of the subject property; (E) Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the county; (F) Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the county in its objection; and (G) Whether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. (3) The county shall provide supporting evidence that its objection is consistent with its land use plan and the pattern of existing land uses and zonings in the area of the subject property, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans. (4) The cost of the arbitration shall be equally divided between the city and the county; provided, however, that if the panel determines that any party has advanced a position that is not valid, the costs shall be borne by the party or parties that have advanced such position. (5) The reasonable costs of participation in the arbitration process of the property owner or owners whose property is at issue shall be borne by the county and the city in the same proportion as costs are apportioned under paragraph (4) of this subsection. (6) The panel shall deliver its findings and recommendations to the parties and the department by verifiable delivery. The department shall maintain a data base and record of arbitration panel results and at least annually publish a report on such decisions and make such report freely available on the department's website. (b) If the decision of the panel contains zoning, land use, or density conditions, the findings and recommendations of the panel shall be recorded in the deed records of the county with a caption describing the name of the current owner of the property, recording reference of the current owner's acquisition deed and a general description of the property, and plainly showing the expiration date of any restrictions or conditions. (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and recommendations but may be reconvened as provided in Code Section 36-36-116.

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(d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the members of the arbitration panel shall receive the same per diem, expenses, and allowances for their service on the panel as authorized by law for members of the General Assembly. (e) If the panel so agrees, any one or more additional annexation disputes which may arise between the parties prior to the panel's initial meeting may be consolidated for the purpose of judicial economy if there are similar issues of location or similar objections raised to such other annexations or the property to be annexed in such other annexations is within 2,500 feet of the subject property.

36-36-116. The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel's findings and recommendations. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel's abuse of discretion. The superior court shall schedule an expedited appeal and shall render a decision within 20 days from the date of filing. If the court finds that an error of fact or law has been made, that an arbitrator was biased or engaged in misconduct, or that the panel has abused its discretion, the court shall issue such orders governing the proposed annexation as the circumstances may require, including remand to the panel. Any unappealed order shall be binding upon the parties. The appeal shall be assigned to a judge who is not a judge in the circuit in which the county is located.

36-36-117. If the annexation is completed after final resolution of any objection, whether by agreement of the parties, act of the panel, or court order as a result of an appeal, the municipal corporation shall not change the zoning, land use, or density of the annexed property for a period of two years unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. Following the conclusion of the dispute resolution process outlined in this article, the municipal corporation and an applicant for annexation may either accept the recommendations of the arbitration panel and proceed with the remaining annexation process or abandon the annexation proceeding. A violation of the conditions set forth in this Code section may be enforced thereafter at law or in equity until such conditions have expired as provided in this Code section.

36-36-118. If at any time during the proceedings the municipal corporation or applicant abandons the proposed annexation, the county shall not change the zoning, land use, or density affecting the property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties. A violation of the conditions set forth in this Code section may be

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enforced thereafter at law or in equity until such period has expired. After final resolution of any objection, whether by agreement of the parties, act of the panel, or any appeal from the panel's decision, the terms of such decision shall remain valid for the two-year period and such annexation may proceed at any time during the two years without any further action or without any further right of objection by the county.

36-36-119. The county, the municipal governing authorities, and the property owner or owners shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. Such agreement may provide for changing the zoning, land use, or density of the annexed property during a period of less than two years. If such agreement is reached after the arbitration panel has been appointed and before its dissolution, such agreement shall be adopted by the panel as its findings and recommendations. If such agreement is reached after an appeal is filed in the superior court and before the court issues an order, such agreement shall be made a part of the court's order. Any agreement reached as provided in this Code section shall be recorded as provided in Code Section 36-36-115. Copies of such agreement shall also be provided by the parties to the department in the same manner as the findings and recommendations of an arbitration panel."

SECTION 2. Said chapter is further amended by revising Code Section 36-36-6, relating to notice by municipal governing authority to county governing authority of proposed annexation, as follows:
"36-36-6. Upon accepting an application for annexation pursuant to Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within 30 days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall be provided by the governing authority of the municipality to the governing authority of the county in which the property proposed to be annexed is located following the receipt of such notice by the governing authority of the municipality under subsection (b) of Code Section 28-1-14."

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SECTION 3. Said Chapter is further amended by revising subsection (a) of Code Section 36-36-36, relating to requirement of public hearing, notice of time and place, persons entitled to be heard, and right of property owner to withdraw consent, as follows:
"(a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the governing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation. Written notice of the time and place of the hearing shall also be sent by mail to the mailing address reflected in the property tax records for each property owner whose property is in the area proposed for annexation. The written notice required under this subsection shall be mailed not less than 15 nor more than 45 days before the date of the hearing required by this subsection."

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

Approved May 2, 2022.

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SOCIAL SERVICES PROVIDES FOR REGISTRATION OF MATERNITY SUPPORTIVE HOUSING RESIDENCES TO PROVIDE HOUSING FOR PREGNANT WOMEN.

No. 787 (Senate Bill No. 116).

AN ACT

To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for registration of maternity supportive housing residences to provide housing for pregnant women; to define a term; to provide for requirements; to prohibit additional rules and regulations; to prohibit constraints imposed by local governments; to provide for statutory construction; to provide for related matters; to provide a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as "Betsy's Law."

SECTION 2. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended in Code Section 49-5-3, relating to definitions, by adding a new paragraph to read as follows:
"(13.1) 'Maternity supportive housing residence' means a residential home that houses on behalf of a nonprofit organization up to six pregnant women aged 18 years or older and their minor children at any one time during the woman's pregnancy and up to 18 months after childbirth; provided, however, that no medical services shall be provided. This term shall not include: (i) a child welfare agency, as defined in Code Section 49-5-12; (ii) the residential home of a relative in which a woman receives maternity care; or (iii) a general or special hospital."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"49-5-25. (a)(1) On and after July 1, 2022, all maternity supportive housing residences shall register in accordance with this Code section by submitting an application to the department upon forms furnished by the department. The form furnished by the department shall require the name, address, and telephone number of the maternity supportive housing residence and emergency contact information. (2) A registrant shall be required to pay an annual registration fee of $250.00 to the department. (3) The department shall issue a registration certificate, valid for one year, to a maternity supportive housing residence upon receipt of an application for registration, payment of the registration fee, and notarized attestation by the applicant, along with applicable supporting documentation, that the maternity supportive housing residence: (A) Has written policies and procedures for admission, intake, and record keeping; (B) Is in compliance with applicable residential building codes; (C) Has property insurance coverage on the residence; and (D) Has the ability to provide, either directly or through partnerships with local nonprofits or government agencies and programs, assistance with wraparound services such as nutritional support, childcare, transportation, and vocational training.
(b) The department shall not have the authority to implement rules and regulations for the registration of maternity supportive housing residences but shall have the authority to maintain any records submitted by a residence pursuant to paragraph (3) of subsection (a) of this Code section. (c) No county, municipality, or consolidated government shall, by rule or ordinance, constrain the establishment or operation of maternity supportive housing residences or

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place occupancy requirements on such residences that would not apply to a single family living in the residence. (d) Nothing in this Code section shall be construed to require a maternity home to register with the department pursuant to this Code section or for a maternity supportive housing residence to obtain a license or permit as a maternity home or to meet the requirements of a maternity home."

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

Approved May 2, 2022.

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STATE GOVERNMENT REVISES PLEDGE OF ALLEGIANCE TO STATE FLAG.

No. 788 (Senate Bill No. 152).

AN ACT

To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state and other flags, so as to add language to the pledge of allegiance to the state flag; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state and other flags, is amended by revising Code Section 50-3-2, relating to the pledge of allegiance to the state flag, as follows:
"50-3-2. The following is adopted as the pledge of allegiance to the state flag:
'I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, Moderation, and Courage.'"

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

Approved May 2, 2022.

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EDUCATION NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS; REMOVES AGENT PROVISIONS; PROVIDES FOR INDUSTRY-SPECIFIC CERTIFICATIONS AND OCCUPATIONAL TRAINING; REQUIRES FINANCIAL ASSESSMENTS FOR INSTITUTIONS APPLYING TO OPERATE; REVISES TUITION GUARANTY TRUST FUND.

No. 789 (Senate Bill No. 333).

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 remove provisions related to agents and agent's permits; to repeal definitions of such terms; to provide for new exemptions from applicability of the part relating to certain programs for industry-specific certifications and certain short courses; to provide for expanded exemption from applicability of the part for certain programs where students obtain occupational training through employment experience; to require financial assessments for each institution applying for an initial or renewed authorization to operate; to revise bonding requirements; to revise Tuition Guaranty Trust Fund participation requirements; to eliminate the cap on such fund; to remove bankruptcy of a participating postsecondary educational institution as grounds for reimbursements from such fund; to provide for expanded opportunities for reimbursements from such fund; to provide for the suspension of authorization for a postsecondary educational institution to operate when it does not meet its obligations regarding such fund; to revise a definition; to provide for conforming changes; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 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 20-3-250.2, relating to definitions, by repealing and reserving paragraph (2) and by revising paragraph (17) as follows:
"(17) 'Postsecondary activity' means: (A) Awarding a postsecondary degree or certificate; or

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(B) Conducting or offering study, experience, or testing for an individual related to a field or profession associated with public health, public welfare, or public safety, as determined by the commission in its sole discretion."

SECTION 2. Said part is further amended in Code Section 20-3-250.3, relating to educational institutions exempted from application of part, by revising paragraphs (2), (3), and (9) of subsection (a) as follows:
"(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission in its sole discretion, not for granting degrees and solely for that organization's membership or offered on a no-fee basis, or developed and licensed by an industry recognized certification provider, so recognized by the commission in its sole discretion, not for granting degrees; (3) Education solely avocational or recreational in nature, or short courses, as determined by the commission in its sole discretion, and institutions offering such education not for granting degrees;" "(9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school or through employment experience already makes the student eligible to sit for the examination;"

SECTION 3. Said part is further amended in Code Section 20-3-250.5, relating to administration and general powers and duties, by revising subsections (b) and (c) as follows:
"(b) The commission shall have the following powers and duties: (1) To establish and promulgate standards, rules, regulations, and policies for carrying out the provisions of this part and for the orderly operation of the commission. To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise properly its powers and perform its duties under this part; (2) To establish minimum criteria in conformity with Code Section 20-3-250.6, including quality of education, ethical and business practices, health and safety, and fiscal responsibility which applicants for authorization to operate shall meet before such authorization may be issued, and to continue such authorization in effect. The criteria to be developed under this paragraph shall be such as will effectuate the purposes of this part but will not unreasonably hinder legitimate educational innovation; (3) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states and with the United States Department of Education if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of

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this part; but nothing contained in any such reciprocity agreement shall be construed as limiting the commission's or the executive director's powers, duties, and responsibilities with respect to investigating independently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or with respect to the enforcement of any provision of this part, or of any of the rules or regulations promulgated under this part; (4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hearings as it may deem advisable or as required by law in developing such rules, regulations, and procedures, or in aid of any investigation or inquiry; (5) To delegate to the executive director such administrative powers and duties, in addition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such administrative organization and procedures as may be reasonably necessary to carry out this part; (6) To exercise other powers and duties implied but not enumerated in this subsection but in conformity with this part which, in the judgment of the commission, are necessary in order to carry out this part; (7) To submit annually to the House Higher Education Committee, to the House Education Committee and the Senate Education and Youth Committee, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in regard to its responsibilities, activities, and administration of this part; (8) To receive and hold title to property, equipment, money, and materials; (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activities the commission deems necessary; and (10) To establish and promulgate regulations for qualified proprietary institutions whose students receive tuition equalization grants in accordance with the criteria set forth in subparagraph (B) of paragraph (2) of Code Section 20-3-411. (c) The executive director of the Nonpublic Postsecondary Education Commission shall be appointed by the Governor. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties: (1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel; (2) To receive, investigate as he or she may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions; (3) To maintain separate lists of degree-granting nonpublic postsecondary educational institutions and nondegree-granting postsecondary educational institutions authorized to operate in this state under this part. Such lists shall be available for the information of the public;

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(4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17; (5) To investigate as he or she may deem necessary on his or her own initiative or in response to any complaint lodged with him or her any person, group, or entity subject to, or reasonably believed by him or her to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him or her; and to administer an oath or affirmation to any person in connection with any investigation; and (6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission."

SECTION 4. Said part is further amended in Code Section 20-3-250.6, relating to minimum standards for educational institutions, by revising subsections (a) and (c) as follows:
"(a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require that a nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards:
(1) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered; (2) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality; (3) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each director and instructor shall satisfactorily meet educational qualifications and other requirements established by the commission; (4) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies consistent with standards adopted by the commission; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment;

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(5) That upon satisfactory completion of training, the student is given appropriate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student; (6) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attendance, progress, and performance; (7) That the institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations, relative to the safety and health of all persons upon the premises; (8) That the institution is financially sound and capable of fulfilling its commitments to students; (9) That the institution does not engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair; (10) That the chief executive officer, trustees, directors, owners, administrators, supervisors, agents, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution; (11) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes; (12) That the institution has and maintains a reasonable and proper policy, consistent with standards adopted by the commission, for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the institution fails to begin a course or withdraws or is discontinued therefrom prior to completion, which policy shall take into account those costs to the institution that are not diminished by the failure of the student to enter or complete the course of instruction; (13) That the institution maintains a policy of allowing any student a minimum of 72 hours from the date of the contract or agreement to cancel any contract or rescind any agreement to become a student at the institution and that in the event of any such cancellation or rescission, the student shall receive a refund of the total tuition and fees, if any, paid to the institution at the time of or in connection with the execution of the contract or agreement and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the institution; and (14) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part." "(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 paragraph (8) of subsection (a) of this Code section, and, because of such requirement, each such institution shall provide the

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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 5. Said part is further amended in Code Section 20-3-250.7, relating to prohibited activities of persons, agents, groups, or entities, by revising subsections (a), (b), (e), and (f) as follows:
"(a) No person, group, or entity of whatever kind, alone or in concert with others, shall: (1) Operate in this state a nonpublic postsecondary educational institution or conduct postsecondary activities in this state unless issued a current certificate of valid authorization by the executive director; (2) Offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside this state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (3) Solicit prospective students without being authorized by the executive director to do so and without being bonded if required to do so by Code Section 20-3-250.10; (4) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate, or misleading; (5) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, group, or entity is located within or outside this state, unless such person, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission; (6) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course, unless the promisor or guarantor offers

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the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him or her where such information, training, or skill is a normal condition of employment; (7) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, other misrepresentation, or by any person soliciting students without a permit; or (8) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honorary or unearned degrees without authorization to do so from the commission. (b) No person, group, or entity of whatever kind shall use the term 'college' or 'university' without authorization to do so from the commission unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part. Nonpublic postsecondary educational institutions operating in this state which are otherwise exempted from this part pursuant to Code Section 20-3-250.3 shall be subject to the provision of this subsection." "(e) Any contract entered into with any person for any course of instruction by or on behalf of any owner, employee, or other representative of a nonpublic postsecondary educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. (f) Any person, group, or entity or any owner, officer, or employee thereof who willfully violates this Code section, Code Section 20-3-250.8, or willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to comply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18."

SECTION 6. Said part is further amended in Code Section 20-3-250.8, relating to application to operate or conduct postsecondary activities, by revising subsections (a) and (b) as follows:
"(a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in paragraph (4) of subsection (a) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond if required by Code Section 20-3-250.10 and subsection (c) of Code Section 20-3-250.27 and shall be accompanied by payment of the fees specified in Code Section 20-3-250.11; provided, however, that when making application to the commission for authorization to

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operate, those institutions exempt from certain provisions of this part pursuant to the provisions of paragraph (10) of subsection (a) of Code Section 20-3-250.3 or subsection (c) of Code Section 20-3-250.3 shall be required to submit only those documents pertaining to provisions of this part from which such institutions are not exempt. (b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An application for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond if a bond is required, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section."

SECTION 7. Said part is further amended by repealing and reserving Code Section 20-3-250.9, relating to application by persons to solicit or perform services of agent.

SECTION 8. Said part is further amended by revising subsections (a), (b), and (c) of Code Section 20-3-250.10, relating to surety bonds, filing, amount, release of surety, and suspension upon release of surety, as follows:
"20-3-250.10. (a) As part of the application review process, the commission shall conduct a financial assessment of each institution that applies to the commission for initial or renewed authorization to operate. If a financial assessment includes findings or notes raising concern about such applicant's institutional internal controls or recommends that such applicant should be placed on financial monitoring status, the executive director in his or her sole discretion may require such applicant to file with the commission a surety bond in such sum and with such surety or sureties as the executive director may require. Such bond shall be conditioned upon the faithful performance of the applicant's obligations under this part and the rules, regulations, and policies of the commission. Such obligations shall include, but shall not be limited to, the institution's duties regarding responsibility for negligence, proper management of the institution's accounting, management, and other internal controls, and other requirements of this part. Such bond shall also 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

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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. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state with at least a B+ bond rating. Such bond shall remain in effect until the institution's authorization to operate terminates or the commission determines that the institution's financial or other issues requiring the bond have been resolved to the satisfaction of the executive director in his or her sole discretion. (b) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate, unless the amount of the bond must be increased because of increased gross tuition to comply with requirements set forth by the commission."

SECTION 9. Said part is further amended in Code Section 20-3-250.11, relating to collection of fees established by commission, by revising subsection (a) as follows:
"(a)(1) Fees shall be collected by the executive director in such amounts as shall be established by the commission. The commission is authorized to establish the following fees and fee schedules:
(A) Separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's relative cost of performing its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected gross tuition of those institutions; (B) Special fees for the evaluation of postsecondary educational institutions; (C) Fees authorized pursuant to Code Section 20-3-250.27; and (D) Special fees to offset other identified administrative costs. (2) All fees collected pursuant to this part, except fees collected pursuant to Code Section 20-3-250.27, shall be deposited in the state treasury to the credit of the general fund, and no fees collected under this part shall be subject to refund, except as provided in Code Section 20-3-250.27. Except as otherwise indicated in this part, the fees to be collected by the commission under this part shall accompany an application for authorization to operate."

SECTION 10. Said part is further amended in Code Section 20-3-250.12, relating to denial of application for agent's permit, by revising subsections (a) and (c) as follows:
"(a) If the executive director, upon review and consideration of an application for authorization to operate or for renewal thereof, determines that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application."

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SECTION 11. Said part is further amended by revising Code Section 20-3-250.13, relating to revocation of agent's permit, conditional permits, and hearing, as follows:
"20-3-250.13. (a) An authorization to operate or may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authorization in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising that if a hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part. (b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. "

SECTION 12. Said part is further amended in Code Section 20-3-250.14, relating filing complaint against institution or agent by revising subsections (a) and (c) as follows:
"(a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a complaint against such institution. A complaint shall be filed with the executive director within a reasonable period of time, as determined by regulations of the commission, after the event giving rise to the complaint. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants." "(c) If, based upon all the evidence at a hearing or other procedure, the executive director finds that a nonpublic postsecondary educational institution has engaged in or is engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution an order requiring such institution to cease and desist from such act or practice. Additionally, if the executive director finds that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may,

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at his or her discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his or her own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate."

SECTION 13. Said part is further amended in Code Section 20-3-250.15, relating to hearing and review by commission of denial of permit, by revising subsection (a) as follows:
"(a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section."

SECTION 14. Said part is further amended by revising Code Section 20-3-250.18, relating to initiation of court proceedings by executive director, as follows:
"20-3-250.18. (a) The Attorney General of this state or the district attorney of any judicial circuit in which a nonpublic postsecondary educational institution is found, at the request of the executive director or on his or her own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this part. (b) Whenever it shall appear to the executive director that any person, group, or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive director may, on his or her own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he or she has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without notice to the person, group, or entity affected. The existence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section."

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SECTION 15. Said part is further amended by revising Code Section 20-3-250.21, relating to fines for violations, as follows:
"20-3-250.21. Any person, group, or entity or any owner, officer, or employee thereof who shall willfully violate Code Section 20-3-250.7 or 20-3-250.8 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may be imposed by the executive director in an administrative proceeding or by any court of competent jurisdiction. The commission shall adopt a schedule of regularly imposed fines for violations of this part and shall have such schedule published by the executive director."

SECTION 16. Said part is further amended in Code Section 20-3-250.27, relating to Tuition Guaranty Trust Fund, by revising subsections (c), (d), and (g) and by adding a new subsection to read as follows:
"(c)(1) All postsecondary educational institutions operating in this state, except those which are exempt from the provisions of this Code section pursuant to Code Section 20-3-250.3, shall participate in the tuition guaranty fund. Those postsecondary educational institutions specified in paragraphs (10) and (14) of subsection (a) of Code Section 20-3-250.3 and in subsection (c) of Code Section 20-3-250.3 shall participate in the tuition guaranty fund. (2) Postsecondary educational institutions which were authorized to operate in this state prior to July 1, 1990, and which have maintained continuous authorization in this state since July 1, 1990, and institutions which have been continuously licensed since July 1, 1990, pursuant to the provisions of Title 43 and were authorized by the commission prior to July 1, 2022, shall participate in the fund and shall not be required to provide surety bonds as provided in Code Section 20-3-250.10; provided, however, that any surety bond provided by an institution before July 1, 2021, shall remain in effect for one full year after the effective date of such surety bond. (3) Postsecondary educational institutions which are currently authorized to operate in this state and which were first authorized to operate in this state on or after July 1, 1990, shall participate in the fund for seven years of authorized operation; provided, however, that no postsecondary educational institution first authorized to operate in this state on or after July 1, 1990, which fully participated in the fund for five years on or before January 1, 2022, shall be required to participate in the fund for seven years as otherwise provided in this paragraph. (4) Following a change of ownership, as provided for in subsection (f) of Code Section 20-3-250.8, a postsecondary educational institution may be required to participate

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in the fund for a period of up to seven years as determined by the executive director in his or her sole discretion. (d)(1) In addition to any other fees required by this part, the commission shall by regulation establish fees to be paid annually by postsecondary educational institutions for participation in the tuition guaranty fund. The fees shall be based on gross tuition collected during a year by each postsecondary educational institution. If an institution has not operated for a full year, its participation fee shall be based initially on its projected gross tuition for the first full year of operation. At the conclusion of the first year, the fee for that year shall be adjusted to reflect actual gross tuition. The annual fee established by the commission shall be sufficient, when added to the earnings of the fund, to create a balance in the fund of at least $10 million by July 1, 2040. The board of trustees shall notify the commission when the fund balance exceeds $10 million, and, except as otherwise provided in paragraph (2) of this subsection, upon receiving such notification, the commission shall cease collection of participation fees from postsecondary educational institutions which have contributed to the fund for at least five years. The commission, upon notification from the board of trustees, shall reestablish collection of participation fees from such participating postsecondary educational institutions at any time the fund balance is less than $4 million. At such time, fees shall be collected from such participating institutions according to a schedule adopted by the commission based on gross tuition in amounts sufficient to raise the fund balance to $10 million. (2) Each postsecondary educational institution which is first authorized to operate in this state after July 1, 1992, and is required to participate in the fund for seven years of authorized operation under the provisions of paragraph (3) of subsection (c) of this Code section shall be required to pay participation fees for such period of time notwithstanding the amount in the tuition guaranty fund. If the balance in the fund exceeds $10 million, participation fees shall be collected from each such institution according to the fee schedule adopted by the commission pursuant to paragraph (1) of this subsection. No postsecondary educational institution first authorized to operate in this state on or after July 1, 1992, which fully participated in the fund for five years on or before January 1, 2022, shall be required to participate in the fund for seven years as otherwise provided in this paragraph." "(g)(1) In the event a postsecondary educational institution participating in the fund ceases operations without fulfilling its educational obligations to its students or without reimbursing its students, the board of trustees may reimburse from the fund valid and documented claims of students for tuition and fees paid to that institution as well as costs incurred as a result of such cessation of operations in accordance with guidelines and procedures adopted by the commission. Payments from the fund shall be made by warrant of the state treasurer on the order of the board of trustees. (2) The maximum amount that may be paid from the fund in claims on behalf of the students of any single defaulting postsecondary educational institution shall be

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determined by the commission, but shall not exceed 10 percent of the total fund, regardless of the fact that total claims may exceed that amount, unless a higher percentage is authorized by a two-thirds' majority vote of the commission in the event of a significant precipitous closure. (3) As an alternative to paying claims to or on behalf of students of a defaulting postsecondary educational institution, the board of trustees may arrange for another postsecondary educational institution to complete the educational obligations to the students of the defaulting postsecondary educational institution, provided that the program offered by the other institution is substantially equivalent to the program for which the students had paid tuition; and provided, further, that attendance at the other institution does not cause unreasonable hardship or inconvenience to the students. The commission shall have the authority to adopt rules or regulations which shall govern the board of trustees in the administration of the provisions of this paragraph. As a part of any such program, the board of trustees may reimburse the other postsecondary educational institution from the fund for expenses incurred by the institution in providing educational services for the students of the defaulting postsecondary educational institution. The Tuition Guaranty Trust Fund shall have an independent claim for recovery against the defaulting postsecondary educational institution and any surety issuing a bond pursuant to Code Section 20-3-250.10 to the extent that the fund has reimbursed a postsecondary educational institution from the fund for expenses pursuant to this paragraph and without the necessity of any further act by any party. (4) It shall not be necessary to claim a loss or damage pursuant to the provisions of Code Section 20-3-250.14 in order for the board of trustees to pay claims to or on behalf of students pursuant to the provisions of this Code section. Procedures and requirements for filing claims under this Code section shall be as provided by rules or regulations adopted for that purpose by the commission. (5) Any person aggrieved by a decision of the board of trustees to pay or deny a claim pursuant to the provisions of this Code section may appeal to the commission. A decision of the board of trustees shall be in writing and shall be sent by certified mail or statutory overnight delivery to the claimant and to the owner of the defaulting postsecondary educational institution. If the whereabouts of the owner of the defaulting postsecondary educational institution is not known and cannot reasonably be ascertained by the board of trustees, a notice of the decision shall be published in the legal organ of the county where the student claimant attended the defaulting postsecondary educational institution or a facility of such institution. The appeal to the commission shall be commenced by filing a written notice of such appeal to the commission within 30 days after receiving the written decision of the board of trustees. Within 30 days after receiving a notice of appeal, the commission shall affirm the decision of the board of trustees, modify and affirm the decision of the board of trustees, or overrule the decision of the board of trustees. Any person aggrieved by the action of the commission shall have the right to judicial review pursuant to the provisions of Code Section 20-3-250.16. The commission

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shall adopt rules or regulations providing procedures for the conduct of appeals from the
board of trustees, but such rules or regulations shall be consistent with the provisions of this paragraph." "(j) Authorization for a postsecondary educational institution to operate shall be suspended upon written notice by the executive director when such institution fails to participate in the fund as required under this Code section."

SECTION 17. This Act shall become effective July 1, 2022.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

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RETIREMENT AND PENSIONS REVISES PROVISIONS RELATED TO EMPLOYER CONTRIBUTIONS FOR CREDITABLE SERVICE FOR FORFEITED LEAVE; INCREASES RATE OF EMPLOYER CONTRIBUTIONS TO CERTAIN MEMBERS' 401(K) ACCOUNTS BASED UPON YEARS OF CREDITABLE SERVICE.

No. 790 (Senate Bill No. 343).

AN ACT

To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to revise provisions related to employer contributions for creditable service for forfeited leave; to increase the rate of employer contributions to certain members' 401(k) accounts based upon years of creditable service; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by revising subsection (b) of Code

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Section 47-2-91, relating to credit for accumulations of forfeited annual and sick leave, as follows:
"(b)(1) Accumulated days of forfeited annual and sick leave for which a member has not been paid shall constitute creditable service if such member has at least six months of such forfeited leave at the time of the member's retirement. The member shall be given one month of creditable service for each 20 days of forfeited annual and sick leave. Upon retirement of a classified member, the employer shall certify to the board of trustees the total amount of that member's forfeited annual and sick leave based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available for classified members, forfeited leave for an undocumented period may be computed as provided in subsection (i) of this Code section. The determination of accumulated days of forfeited annual and sick leave for unclassified members shall be based on leave records for periods of service where employers have maintained adequate leave records. For periods of service where no leave records are available, forfeited leave for unclassified employees shall be computed as follows:
(A) When 15 years or more of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be computed as provided in subsection (i) of this Code section; or (B) When less than 15 years of leave records are available for an unclassified member, the determination of forfeited leave for undocumented periods shall be based on the one-year average amount of forfeited annual and sick leave calculated by the commissioner pursuant to subsection (f) of this Code section and as provided in subsection (g) of this Code section, subject to the limitation in subsection (j) of this Code section. (2) For retirements that become effective prior to July 1, 2022, for both classified and unclassified members, each employer shall contribute the same amount as would have been contributed by the employer had the member obtaining creditable service for forfeited annual and sick leave remained in state employment without change in compensation for a period of time equal to the amount of forfeited annual and sick leave for which creditable service is obtained."

SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 47-2-357, relating to withdrawal, employer contributions, vesting, and date of election, as follows:
"(d)(1) On and after July 1, 2022, for any participating member who contributes a percentage of his or her salary into the 401(k) plan for a pay period, the employer shall contribute an equal amount into his or her 401(k) account up to a maximum of 5 percent except as otherwise provided in paragraph (2) of this subsection. (2) On and after July 1, 2022, in addition to the amounts provided for in paragraph (1) of this subsection, for any participating member who has attained five years or more of

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creditable service in the plan and contributes at least 5 percent of his or her salary into his or her 401(k) account, such member's employer shall contribute an additional amount equal to 0.5 percent of the member's compensation for each year of such member's creditable service that exceeds five years; provided, however, that the total rate of any employer's contribution pursuant to this subsection shall not exceed 9 percent of the member's compensation.
(3)(A) Notwithstanding the provisions of this subsection, employer contributions shall be subject to the limitations imposed by federal law. (B) The member may make such additional contributions as he or she desires, subject to limitations imposed by federal law."

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

Approved May 2, 2022.

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COMMERCE AND TRADE FAIR BUSINESS PRACTICES ACT OF 1975; CLASS ACTION SUITS AND DAMAGES FOR VIOLATING REQUIREMENTS FOR SOLICITATIONS FOR CORPORATE FILINGS OR EMPLOYMENT OR LABOR RELATED POSTERS OR NOTICES.

No. 791 (Senate Bill No. 363).

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 class action suits and for damages for violating the requirements for solicitations for corporate filings or employment or labor related posters or 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. 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 revising Code Section 10-1-393.16, relating to written solicitations relative to corporate filings, a definition, and penalty for noncompliance, as follows:

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"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. (b) Any written solicitation relating to corporate filings or employment or labor posters or notices shall include, in at least 16 point Helvetica font:
(1) 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 OR THE GEORGIA DEPARTMENT OF LABOR.' No text on the solicitation shall be larger than the above required words. (2) On front of the envelope or, if there is no envelope, on the part of the written solicitation that bears the postage stamp or amount, the word: 'SOLICITATION' (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; provided, however, that notwithstanding Code Section 10-1-399, a claim of a violation of this Code section may be brought in a representative capacity and may be the subject of a class action under Code Section 9-11-23; and provided, further, that damages for such violation shall be the actual damages or $200.00 per violation, whichever is greater."

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

Approved May 2, 2022.

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COURTS MOUNTAIN JUDICIAL CIRCUIT; ADDITIONAL JUDGE.

No. 792 (Senate Bill No. 395).

AN ACT

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

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circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties comprising the Mountain Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (25) as follows:
"(25) Mountain Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3"

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

SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2023, and continuing through December 31, 2024, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2024, for a term of four years beginning on January 1, 2025, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 4. The additional judge of the superior courts of the Mountain Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Mountain Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Mountain Judicial Circuit shall be the same as are now provided by law for the other superior

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court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Mountain Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 6. All writs and processes in the superior courts of the Mountain Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 7. Upon and after qualification of the additional judge of the superior courts of the Mountain Judicial Circuit, the three judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of the chief judge shall be controlling. The three judges of the superior courts of the Mountain Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to

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have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 9. The three judges of the superior courts of the Mountain Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Mountain Judicial Circuit may bear teste in the name of any judge of the Mountain Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Mountain Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper functioning of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

SECTION 12. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

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

Approved May 2, 2022.

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HEALTH AUTHORIZES GEORGIA BUREAU OF INVESTIGATION AND FEDERAL BUREAU OF INVESTIGATION TO RETAIN CERTAIN FINGERPRINTS UNDER CERTAIN CONDITIONS.

No. 793 (Senate Bill No. 404).

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 Georgia Bureau of Investigation and the Federal Bureau of Investigation to retain certain fingerprints under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, 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. (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

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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. (h) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program, and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

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

Approved May 2, 2022.

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BUILDINGS AND HOUSING REVISES CIVIL PENALTIES FOR VIOLATION OF NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

No. 794 (Senate Bill No. 445).

AN ACT

To amend Code Section 8-2-143 of the Official Code of Georgia Annotated, relating to civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder, so as to revise civil 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 8-2-143 of the Official Code of Georgia Annotated, relating to civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder, is amended by revising subsection (a) as follows:
"(a) Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for each such violation. Each violation of 42 U.S.C. Section 5401, et seq., or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for any related series of violations occurring within one year from the date of the first violation."

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

Approved May 2, 2022.

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CRIMINAL PROCEDURE RENDERS HUMAN TRAFFICKING A BAILABLE OFFENSE.

No. 795 (Senate Bill No. 461).

AN ACT

To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to when offenses bailable, procedure, schedule of bails, and appeal bonds, so as to add the offense of human trafficking as a bailable offense; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to when offenses bailable, procedure, schedule of bails, and appeal bonds, is amended by revising subsection (a) as follows:
"(a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (5.1) Home invasion in the first degree; (6) Aircraft hijacking and hijacking a motor vehicle in the first degree; (7) Aggravated child molestation; (8) Aggravated sexual battery; (9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (10) Violating Code Section 16-13-31 or Code Section 16-13-31.1; (11) Kidnapping, arson, aggravated assault, or burglary in any degree if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary in any degree, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection; (12) Aggravated stalking; (13) Violating Code Section 16-5-46; and (14) Violations of Chapter 15 of Title 16."

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

Approved May 2, 2022.

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BANKING AND FINANCE REMOVES AGENT AND ADDS COVERED EMPLOYEE TO LIST OF PERSONS FOR WHOM DEPARTMENT OF BANKING AND FINANCE SHALL NOT ISSUE OR SHALL REVOKE LICENSE BECAUSE OF FELONY CONVICTION.

No. 796 (Senate Bill No. 470).

AN ACT

To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide for a definition; to remove agent and add covered employee to the list of persons for whom the Department of Banking and Finance shall not issue or shall revoke a license because of a felony conviction; 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 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by revising Code Section 7-1-1000, relating to definitions, by adding a new paragraph to read as follows:
"(5.1) 'Covered employee' means any employee of a mortgage lender or mortgage broker who is involved in residential mortgage loan related activities for property located in Georgia and includes, but is not limited to, a mortgage loan originator, processor, or underwriter, or other employee who has access to residential mortgage loan origination, processing, or underwriting information."

SECTION 2. Said article is further amended by revising subsections (h) and (i) of Code Section 7-1-1004, relating to investigation of applicant and its officers, audit, education, experience, and other requirements relative to licensees and registrants, as follows:

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"(h) The department shall not issue or may revoke a license or registration if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, covered employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant, registrant, or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant, registrant, or licensee, has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. Other than a mortgage loan originator, for the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, or an adjudication or sentence was otherwise withheld or not entered on the charge, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented, or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction occurred or shall have received an official certification or pardon granted by the state's pardoning body in the jurisdiction where the conviction occurred. For purposes of this article, a mortgage loan originator shall be deemed to have been convicted of a crime if he or she has pleaded guilty to, been found guilty of, or entered a first offender or nolo contendere plea to a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction. (i) The department shall be authorized to obtain conviction data with respect to any mortgage loan originator, mortgage broker, or mortgage lender applicant or any person who is a director, officer, partner, covered employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant and any individual who directs the affairs of the company or establishes policy. The department may directly submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Mortgage broker and mortgage lender applicants, licensees, and registrants shall have the primary responsibility for obtaining background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form

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or document. The department shall, however, retain the right to obtain conviction data on covered employees."

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 2, 2022.

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AGRICULTURE AGRICULTURAL COMMODITY COMMISSION FOR PROPANE; PUBLIC HEARINGS BY REMOTE COMMUNICATION; REVISES MARKETING ORDER REQUIREMENTS AND PROCEDURES.

No. 797 (Senate Bill No. 486).

AN ACT

To amend Article 6 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to the Agricultural Commodity Commission for Propane, so as to provide for full or partial remote communication with regard to public hearings; to provide for notice of hearings; to revise referendum requirements and 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. Article 6 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to the Agricultural Commodity Commission for Propane, is amended by revising Code Section 2-8-209, relating to marketing orders and public hearings, as follows:
"2-8-209. (a) The commission is authorized to issue, administer, and enforce marketing orders.
(b)(1) Whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to propane, it

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shall 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 commission thereon. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days on the commission'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 commission shall also mail a copy or communicate electronically such notice of hearing and a copy of such proposed marketing order or proposed amendments to all dealers and distributors of propane whose names and addresses are on file with the commission. (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 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 or by a member of the commission, 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. When the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of such hearings."

SECTION 2. Said article is further amended by revising Code Section 2-8-211, relating to requirements for referendum, as follows:
"2-8-211. (a)(1) No marketing order issued pursuant to this article shall be made effective by the commission until a referendum thereon is held. (2) The commission shall determine: (A) The amount of the proposed assessment established by the marketing order; (B) The time and place of the referendum; (C) Procedures for conducting the referendum and the counting of votes; (D) The proposed effective date for the imposition of the assessment established by the marketing order, which shall be no be less than 90 days from the date the referendum ballot is required to be returned to the commission in order to be considered on the question presented; and (E) Any other matters pertaining to the referendum.
(b) The amount of the proposed assessment established by the marketing order shall be stated on the referendum ballot. The amount may not exceed four-tenths of one cent for each gallon of propane sold in this state by distributors to dealers.

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(c) All dealers may vote in the referendum. Each dealer shall have one vote. Any dispute over eligibility to vote or any other matter relating to the referendum shall be resolved by the commission. The commission shall make reasonable efforts to provide all dealers with notice of the referendum and an opportunity to vote. (d) A proposed assessment shall become effective if more than 25 percent of the notified eligible dealers who are engaged within the area specified in such marketing order or amendment thereto vote and more than two-thirds of the eligible votes cast by the dealers are cast in favor of the assessment. If the assessment is approved by the referendum, then the commission shall notify the department of the amount and the effective date of the assessment. The department shall notify all dealers of the assessment.
(e)(1) Each distributor, as the owner of propane at the time of odorization, or at the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold in this state and placed in commerce in this state. (2) Each distributor shall collect the assessment from the dealer to whom the sale is made and shall remit to the commission the sum of the amount of the assessment multiplied by the number of gallons of propane sold to any dealer during the assessment period. (f) A distributor shall keep records of the number of gallons of propane sold to dealers. All documents or records regarding purchases and sales shall be made available to the commission upon its written request for the purpose of determining the distributor's compliance with the provisions of this article. The commission shall keep the records confidential and shall not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so."

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

Approved May 2, 2022.

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PROPERTY AUTHORIZES NONJUDICIAL FORECLOSURE OF TIME-SHARE ESTATES.

No. 798 (Senate Bill No. 493).

AN ACT

To amend Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding time-share projects and programs, so as to authorize nonjudicial foreclosure of time-share estates; to provide for notice; to

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provide for transfer of title; to provide for a power of 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. Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding time-share projects and programs, is amended by adding a new Code section to read as follows:
"44-3-206. (a) An owners' association may foreclose its lien upon a time-share estate in accordance with subsection (c) of Code Section 44-3-109 or may foreclose its lien under a power of sale that such owners' association shall have under this Code section in order to sell a time-share estate for the purpose of paying any or all unpaid assessments and other charges owed by the owner of such time-share estate.
(b)(1) In order for an owners' association to foreclose its lien upon a time-share estate under a power of sale, a notice of sale shall be:
(A) Accomplished in writing sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address of the owner most recently provided to the owners' association no later than 30 days prior to the date of the proposed sale and shall be deemed given on the official postmark day or the day on which it is received for delivery by a commercial delivery firm; (B) Provided in writing to any lien holder, sent by registered or certified mail or statutory overnight delivery, return receipt requested; and (C) Provided by advertising the time, place, and terms of said sale in a newspaper in which sheriff's advertisements are published in the county where the development is located, once a week during the four calendar weeks immediately preceding the calendar week of the date of such sale. (2) Any sale pursuant to this subsection shall occur on a legal sale day within the legal hours of sale at the legal place of sale in the county where the development is located. (c) A sale undertaken as authorized by this Code section shall divest the owner of all right, title, interest, and equity that such owner has in or to the time-share estate and shall vest fee simple title to the time-share estate in the purchaser or purchasers at said sale. The proceeds of said sale shall be applied first in accordance with the lien priorities set forth in paragraphs (1) through (4) of subsection (a) of Code Section 44-3-109, after which any remaining proceeds shall be applied to the payment in full of such unpaid assessments and other charges and next to the payment of all expenses actually incurred by the owners' association in connection with said proceedings, including attorneys' fees, and any remaining proceeds shall be paid to the owner. The owners' association may bid at said sale and purchase the time-share estate.

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(d) For the purpose of carrying out and effectuating the power of sale authorized by this Code section, the owners' association shall be constituted the true and lawful attorney-in-fact of such owner to sell such time-share estate, as provided in this Code section, and convey the same to the purchaser or purchasers at said sale in as full and ample a manner as such owner could do in person. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise."

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 2, 2022.

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PUBLIC OFFICERS AND EMPLOYEES REQUIRES MEDICAL EXAMINER'S INQUIRY AND INQUEST
WHEN A PREGNANT FEMALE DIES.

No. 799 (Senate Bill No. 496).

AN ACT

To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to require a medical examiner's inquiry when a pregnant female dies and an inquest; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by revising Code Section 45-16-24, relating to notification of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report of inquiry, as follows:
"45-16-24. (a) When any individual dies in any county in this state:
(1) As a result of violence;

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(2) By suicide or casualty; (3) Suddenly when in apparent good health; (4) In any suspicious or unusual manner, with particular attention to those individuals 16 years of age and under; (5) After birth but before seven years of age if the death is unexpected or unexplained; (6) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; (7) When an inmate of a state hospital or a state, county, or city penal institution; (8) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; (9) As a result of an apparent drug overdose; (10) Who is a pregnant female or a female who was pregnant within 365 days prior to such female's death; provided, however, that this paragraph shall not apply to a female whose death resulted from an incidental or accidental cause, including a motor vehicle accident, or from any other event or condition where it is apparent that the death was not causally related to the care of or physiology of pregnancy or its maintenance; or (11) When unattended by a physician, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county in which the acts or events resulting in the death occurred or the body is found. For purposes of paragraph (11) of this subsection, no individual shall be deemed to have died unattended by a physician when the death occurred while he or she was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. For purposes of paragraph (11) of this subsection, an individual shall be deemed to have died unattended by a physician when any such individual had not been seen or treated by a physician within the 180 days prior to such individual's death for a condition or illness likely to have caused or contributed to such individual's death. (b) A coroner or county medical examiner who is notified of a death pursuant to subsection (a) of this Code section under circumstances specified in paragraphs (1) through (9) of such subsection shall order a medical examiner's inquiry of that death. A coroner or medical examiner who is notified of a death pursuant to subsection (a) of this Code section under circumstances specified in paragraph (10) of such subsection and which death was not under circumstances specified in paragraphs (1) through (9) of such subsection shall order a medical examiner's inquiry for such death through a regional perinatal center, as identified by the Department of Public Health. This subsection shall not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county medical examiner is notified of a death under circumstances specified in paragraph(11) of subsection (a) of this Code section. (c) Whenever an affidavit is made and filed with a court having criminal jurisdiction attesting that a person came to his or her death by foul play, that court may interrogate and examine witnesses, if any exist, as to the necessity of a medical examiner's inquiry. Should

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the court decide that a medical examiner's inquiry is essential to the ends of justice, such inquiry shall be ordered by that court. (d) A medical examiner's inquiry required under this Code section shall be reduced to writing and filed as provided in Code Section 45-16-32. At the time of such filing, a copy of the medical examiner's inquiry into a death reported to a coroner or county medical examiner pursuant to paragraph(5) of subsection (a) of this Code section shall also be transmitted to the department of family and children services of the county in which the child resided at the time of death."

SECTION 2. Said article is further amended by revising subsection (a) of Code Section 45-16-27, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas, cost of copying, and limited disclosure of photographs, as follows:
"(a) Coroners shall require an inquest to be conducted in their respective counties as follows:
(1) When any individual dies under any circumstances specified in paragraphs (1) through (11) of subsection (a) of Code Section 45-16-24; provided, however, that an inquest shall not be required to be held, although the coroner shall be authorized to hold an inquest, under the following circumstances:
(A) When upon the completion of the medical examiner's inquiry the peace officer in charge and the medical examiner are satisfied that, even though death resulted from violence, no foul play was involved. In this event, the peace officer in charge and the medical examiner shall make a written report of their investigation and findings to the division as set forth in Code Section 45-16-32, and upon their recommendation, the coroner shall make and file a proper death certificate; (B) When there is sufficient evidence to establish the cause and manner of death, even though the medical examiner's inquiry revealed that death resulted from foul play; (C) When no demand for an inquest is made within 30 days after the filing of the death certificate. However, if such demand is made by the party or parties affected by the death, the coroner shall be authorized to hold the inquest; (D) When upon the completion of the medical examiner's inquiry the medical examiner and peace officer in charge are sufficiently satisfied that death resulted from natural causes, and that medical examiner or coroner is willing to and does sign and file a proper death certificate, and no demand for an inquest is made within 30 days thereafter; (D.1) In cases of deaths resulting from an accident involving any civil aircraft, it shall be the responsibility of the peace officer in charge to notify the National Transportation Safety Board or the Federal Aviation Administration of such accident, to proceed to the scene and guard the area in such manner that no bodies, wreckage, cargo, or mail shall be moved or disturbed until authorized by a representative of the National Transportation Safety Board or the Federal Aviation Administration except to the extent

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necessary to remove individuals injured or trapped, to protect the wreckage from further damage, or to protect the public from injury. When it is necessary to move aircraft wreckage, mail, or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks. The coroner or medical examiner shall assist investigators from the National Transportation Safety Board or the Federal Aviation Administration as authorized by federal law; (E) When after full and complete investigation no evidence of foul play is found in cases of hidden cause of death which fall under the jurisdiction of the coroner. The coroner shall be authorized to sign the death certificate on the basis of the information given to him or her in the reports of the peace officer in charge and the medical examiner, provided that, in such hidden causes of death, after a complete investigation, if sufficient medical history is obtained by the coroner, the peace officer in charge, or the medical examiner to disclose the cause of death and if the attending physician will sign the death certificate, such cases shall not come under the jurisdiction of the coroner; provided, further, that, if there are sufficient competent eyewitnesses to an act in the opinion of the peace officer in charge, such cases shall not come under the jurisdiction of the coroner; or (F) In cases of deaths of personnel in the armed forces of the United States government resulting from airplane disasters involving airplanes of the armed forces, including crashes or explosions, which deaths shall not come under the jurisdiction of the coroner. It shall be the responsibility of the peace officer in charge to notify the proper armed forces of the United States government immediately of such airplane crashes or explosions in order that they may send their trained forces to the scene for investigation. It shall be the duty of the peace officer in charge, when notified of such crashes or explosions, to proceed to the scene and guard the area in such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the armed forces of the United States government; (2) When an inmate of a state hospital or a state, county, or city penal institution dies unexpectedly without an attending physician or as a result of violence. The chief medical examiner or his or her designee, regional medical examiner, or local medical examiner shall perform all medical examiners' inquiries. The coroner, in those counties in which such office has not been replaced by a local medical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32; (3) When ordered by a court in connection with a medical examiner's inquiry ordered by that court pursuant to subsection (c) of Code Section 45-16-24; or

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(4) Notwithstanding any other provisions of this subsection, no individual shall be deemed to have died unattended by a physician when the death occurred while he or she was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."

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

Approved May 2, 2022.

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LAW ENFORCEMENT OFFICERS AND AGENCIES MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS PUBLIC UTILITIES AND PUBLIC TRANSPORTATION REQUIRES THAT 9-1-1 COMMUNICATIONS OFFICERS RECEIVE TRAINING IN DELIVERY OF HIGH-QUALITY TELEPHONE CARDIOPULMONARY RESUSCITATION.

No. 800 (Senate Bill No. 505).

AN ACT

To amend Code Sections 35-8-23, 38-3-181, and 46-5-138.2 of the Official Code of Georgia Annotated, relating to basic training course for communications officers, definitions relative to emergency communications authority, and "director" defined and training and instruction, respectively, so as to require that 9-1-1 communications officers receive training in the delivery of high-quality telephone cardiopulmonary resuscitation; to provide training requirements; to provide for compliance reviews; to provide for the establishment of continuing education units for communications officers; to provide for a definition; to require certain training for directors of public safety answering points; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 35-8-23 of the Official Code of Georgia Annotated, relating to basic training course for communications officers, is amended by adding new subsections to read as follows:

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"(e)(1) On and after January 1, 2024, communications officers shall be required to successfully complete training in the delivery of high-quality telephone cardiopulmonary resuscitation (T-CPR) in addition to the basic training otherwise required by this Code section, and on or after that date no person shall be certified by the council under this Code section unless such person has satisfactorily completed such training; provided, however, that the requirements of this subsection shall be satisfied by any communications officer who is certified in emergency medical dispatch, as such term is defined in Code Section 38-3-181. Such training shall follow the most current evidence based nationally recognized guidelines for high-quality telephone cardiopulmonary resuscitation which incorporate recognition protocols for out-of-hospital cardiac arrest, compression-only cardiopulmonary resuscitation, and continuing education. (2) The council shall conduct administrative compliance reviews with respect to the requirements of this subsection, including adherence by communications officers and local government agencies, and may adjust state assistance grants issued pursuant to Code Section 46-5-134.2 based on failure to comply with the requirements of this subsection. (f) By January 1, 2024, the council, in coordination with the Georgia Emergency Communications Authority, shall establish an amount of continuing education units to be annually completed by communications officers. On or after January 1, 2025, no person shall be certified by the council under this Code section unless such person has satisfactorily completed such training."

SECTION 2. Code Section 38-3-181 of the Official Code of Georgia Annotated, relating to definitions relative to emergency communications authority, is amended by adding a new paragraph to read as follows:
"(2.1) 'Emergency medical dispatch' means the management of requests for emergency medical assistance by utilizing a system of:
(A) A tiered response or priority dispatching of emergency medical resources based on the level of medical assistance appropriate for the victim; and (B) Prearrival first aid or other medical instructions given by trained telecommunicators responsible for receiving 9-1-1 calls and dispatching public safety agencies."

SECTION 3. Code Section 46-5-138.2 of the Official Code of Georgia Annotated, relating to "director" defined and training and instruction, is amended by revising subsection (b) as follows:
"(b) In addition to any training required under federal or state law, any persons becoming a director on or after January 1, 2024, shall enroll in, attend, and complete satisfactorily a course of training and instruction on the management of public safety answering points and the establishment and operation of 9-1-1 systems. Such course of instruction for directors

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shall be developed and made available by the center subject to the availability and receipt of funding."

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

Approved May 2, 2022.

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STATE GOVERNMENT PROVIDES CERTAIN PROCEDURAL REQUIREMENTS AND CONSIDERATIONS FOR ADOPTION OF RULES BY STATE AGENCIES THAT ARE APPLICABLE TO CHARITABLE ORGANIZATIONS.

No. 801 (Senate Bill No. 534).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide certain procedural requirements and considerations for the adoption of rules by state agencies that are applicable to charitable organizations; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising 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:
"50-13-4. (a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be distributed with and in the same manner as the proposed rule. The synopsis shall contain a statement of the purpose and the main features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the differences between the

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existing rule and the proposed rule. The notice shall also include the exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency; (2) Afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption; (3) In the formulation and adoption of any rule which will have an economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned and operated, are not dominant in their field, and employ 100 employees or less by implementing one or more of the following actions when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule:
(A) Establish differing compliance or reporting requirements or timetables for small businesses; (B) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses; (C) Establish performance rather than design standards for small businesses; or (D) Exempt small businesses from any or all requirements of the rules; (4) In the formulation and adoption of any rule which places administrative burdens on charitable organizations in this state, including, but not limited to, any rule that would require any new or expanded filing or reporting requirements or that would limit the ability of charitable organizations to solicit or collect funds, the agency or official shall: (A) Absent the showing of a compelling state interest, not impose any annual filing or reporting requirements on an organization regulated or specifically exempted from regulation under the Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' that are more burdensome than the requirements authorized by applicable law, and any such filing or reporting requirements shall be narrowly tailored to achieve such compelling state interest. The requirements of this subparagraph shall not apply to the state's direct spending programs; and

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(B) Email the notice provided for in paragraph (1) of this subsection to each chairperson of any standing committee in each house as shown on the General Assembly's website. For purposes of this paragraph, the term 'charitable organization' means a nonprofit charitable organization which is exempt from taxation under the provisions of Section 501(c)(3) of the United States Internal Revenue Code; and (5) In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule. (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 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. (c) It is the intent of this Code section to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative rules. Except for emergency rules which are provided for in subsection (b) of this Code section, the provisions of this Code section are applicable to the exercise of any rule-making authority conferred by any statute, but nothing in this Code section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the state or any agency thereof. (d) No rule adopted after April 3, 1978, shall be valid unless adopted in exact compliance with subsections (a) and (e) of this Code section and in substantial compliance with the remainder of this Code section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Code section must be commenced within two years from the effective date of the rule.

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(e) The agency shall transmit the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The notice shall be transmitted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the notice, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section.
(f)(1) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. (2) In the event each standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds' vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a

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reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect. (g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources as to any rule for which, as part of the notice required by paragraph (1) of subsection (a) of this Code section, the director of the division certifies that such rule is required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources as to any rule so certified. As part of such certification, the director shall cite the specific section or sections of federal statutes or regulations which the proposed rule is intended to comply with or implement. General references to the name or title of a federal statute or regulation shall not suffice for the purposes of this paragraph. Any proposed rule or rules that are subject to this paragraph shall be noticed separately from any proposed rule or rules that are not subject to this paragraph. (2) In the event the chairperson of any standing committee to which a proposed rule certified by the director of the division pursuant to paragraph (1) of this subsection is assigned notifies the director that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of such rule, it shall be the duty of the director to consult with the committee prior to the adoption of the rule. (h) The provisions of subsections (e) and (f) of this Code section shall apply to any rule of the Department of Public Health that is promulgated pursuant to Code Section 31-2A-11 or 31-45-10, except that the presiding officer of the Senate is directed to assign the notice

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of such a rule to the chairperson of the Senate Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industry and Labor. As used in this subsection, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary. (i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however, that this Code section shall apply to any rules or regulations implementing such a plan."

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 2, 2022.

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COMPENSATION WRONGFUL CONVICTION; DENNIS ARNOLD PERRY.

No. 802 (House Resolution No. 593).

A RESOLUTION

Compensating Mr. Dennis Arnold Perry; and for other purposes.

WHEREAS, on the evening of March 11, 1985, a man shot and killed Harold and Thelma Swain inside Rising Daughter Baptist Church in Waverly, Georgia; and

WHEREAS, in the course of the original investigation of the murders, the investigating officers in the Camden County Sheriff's Office and the Georgia Bureau of Investigation investigated hundreds of leads and individuals, including Dennis Arnold Perry, whom they cleared as a suspect because he was working in the Atlanta area the day of the murders and could not have been in Waverly when the murders occurred; and

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WHEREAS, no physical evidence has ever connected Dennis Arnold Perry to the murders or the crime scene; and

WHEREAS, despite this lack of evidence, Dennis Arnold Perry was arrested nearly 15 years later in January, 2000, by a different investigating officer; and

WHEREAS, despite his continued proclamations of innocence, Dennis Arnold Perry was charged with the murders; and

WHEREAS, on February 14, 2003, Dennis Arnold Perry was convicted of two counts of murder and agreed to give up his right to a direct appeal of a sentence of life in prison in exchange for the state's agreement not to seek the death penalty; and

WHEREAS, Dennis Arnold Perry's conviction was primarily based upon the testimony of a witness who sought, was promised, and received a cash reward in exchange for her testimony that Mr. Perry had a motive to kill one of the victims and a successful conviction; and

WHEREAS, the reward paid to the state's main witness against Dennis Arnold Perry was never disclosed to Mr. Perry or his lawyers, notwithstanding multiple court orders that the state disclose such information; and

WHEREAS, the two officers who led the initial investigation of the murders did not believe Dennis Arnold Perry committed the murders, and both testified at his trial; and

WHEREAS, three hairs were recovered from a pair of glasses believed to have belonged to the killer and found at the crime scene, and DNA testing excluded Dennis Arnold Perry as a contributor of those hairs; and

WHEREAS, DNA testing in 2020 revealed that mitochondrial DNA from the hairs found at the crime scene matched the mitochondrial DNA of another suspect, who, according to multiple witnesses, had bragged about committing the murders at Rising Daughter Baptist Church; and

WHEREAS, in 2020, evidence was developed that included reporting by the Atlanta Journal-Constitution, establishing that this other suspect's alibi contained inaccurate information and was likely false; and

WHEREAS, on July 17, 2020, on the basis of this new DNA evidence and other evidence indicating Dennis Arnold Perry's innocence, the Superior Court of Glynn County overturned Mr. Perry's conviction and granted his extraordinary motion for new trial; and

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WHEREAS, on July 23, 2020, after more than 20 years of incarceration, Dennis Arnold Perry was released on bond; and

WHEREAS, on July 19, 2021, a nolle prosequi was entered with respect to the indictment against Dennis Arnold Perry at the request of the District Attorney, who advised the court that both his office and the Georgia Bureau of Investigation did not believe that Mr. Perry committed these murders; and

WHEREAS, Dennis Arnold Perry has suffered loss of liberty, personal injury, lost wages, injury to reputation, health issues, emotional distress, and other damages as a result of his more than 20 years of incarceration; and

WHEREAS, during his imprisonment, Dennis Arnold Perry was divorced by his wife, lost his home, and lost both his parents and his stepfather, yet still maintained an exemplary record as a prisoner, serving as a mentor and example to other inmates; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Dennis Arnold Perry 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 $1,230,000.00 to Mr. Dennis Arnold Perry 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. After an initial payment of $307,500.00, the remainder of said sum shall be paid in the form of an annuity in equal monthly installments over a 20 year period of time beginning in 2022. Upon the death of Mr. Dennis Arnold Perry, 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.

BE IT FURTHER RESOLVED that any amount received by Mr. Dennis Arnold Perry pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.

Approved May 2, 2022.

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COMPENSATION WRONGFUL CONVICTION; KERRY ROBINSON.

No. 804 (House Resolution No. 626).

A RESOLUTION

Compensating Kerry Robinson; and for other purposes.

WHEREAS, Kerry Robinson was solely and maliciously implicated by an admitted perpetrator in a February 15, 1993, incident where three men entered into a home in Moultrie, Georgia, and raped a woman living within; and

WHEREAS, despite his proclamations of innocence and lack of implication by the victim or any other witness, Mr. Robinson was arrested and charged with this crime; and

WHEREAS, on February 26, 2002, Mr. Robinson was convicted of rape and sentenced to 20 years in prison; and

WHEREAS, the basis for Mr. Robinson's conviction was the testimony of the undisputed perpetrator, which was incentivized and self-serving and would have been inadmissible without additional corroboration; and

WHEREAS, that additional corroboration was the inaccurate testimony of a Georgia Bureau of Investigation (GBI) analyst based on his own interpretation of a complex mixture of DNA from multiple potential contributors, collected from swabs in the victim's sexual assault kit; and

WHEREAS, the DNA test kit used by the GBI at the time looked for partial genetic markers (called alleles) present at 13 different locations on a chromosome, and each of the three assailants and the victim could have contributed 26 alleles to the DNA mixture, for a possibility of up to 104 different alleles present in the complex mixture; and

WHEREAS, the GBI analyst interpreted the complex mixture as containing two partial genetic markers (alleles) that could have come from Mr. Robinson, and opined that though they also could have come from "lots" of other people in the community, and though he "could not do the math," there was a "very, very low probability" that the alleles came from a random African American in the community as opposed to Mr. Robinson; and

WHEREAS, since 2018, the GBI has employed an advanced computer software program that uses probabilistic genotyping to conduct the necessary mathematical and statistical DNA interpretations in complex mixture cases like in Mr. Robinson's case; and

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WHEREAS, when the complex DNA mixture from Mr. Robinson's case was analyzed using the computer program now used by the GBI, it confirmed that the GBI analyst's trial testimony was inaccurate and that it is actually 1,800 times more likely that a random African American's DNA is in the complex mixture than Mr. Robinson's; and

WHEREAS, without the corroborating testimony of the GBI analyst, the participant's bargained-for incriminatory testimony would have been the sole evidence against Mr. Robinson and insufficient to sustain Mr. Robinson's conviction under Georgia law; and

WHEREAS, Mr. Robinson, who has maintained his innocence since before his conviction, in 2005 also sought DNA testing on the remaining untested sexual assault kit evidence in his case, which could have excluded him definitively, but the state had illegally destroyed that biological evidence in 2004, less than one year after the General Assembly passed a law requiring such evidence be preserved for exactly that purpose; and

WHEREAS, on September 17, 2019, Mr. Robinson filed an amended Extraordinary Motion for a New Trial with the Superior Court of Colquitt County reasserting his innocence, setting forth the new exculpatory evidence that Mr. Robinson likely did not commit the crime, and asserting that there is no corroboration whatsoever for the incentivized participant's testimony against Mr. Robinson; and

WHEREAS, on January 8, 2020, a Colquitt County Superior Court Judge, with agreement from the Southern Judicial Circuit's District Attorney, determined that justice required the court to grant the motion; and

WHEREAS, that same day, Mr. Robinson's conviction was vacated, the court granted the state's motion to dismiss the indictment against him, and he was ordered released by the Georgia Department of Corrections; and

WHEREAS, as a result of his wrongful arrest and conviction, Mr. Robinson has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his more than 17 years of incarceration for a rape he did not commit; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Mr. Robinson 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 $480,000.00 to Kerry Robinson as compensation as provided above. Said sum

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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. After an initial payment of $120,000.00, the remainder of said sum shall be paid in the form of an annuity in equal monthly installments over a 20 year period of time beginning in 2022. Upon the death of Kerry Robinson, 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.

BE IT FURTHER RESOLVED that any amount received by Kerry Robinson pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.

Approved May 2, 2022.

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PROPERTY AUTHORIZES CONVEYANCE OF STATE PROPERTY.

No. 805 (House Resolution No. 664).

A RESOLUTION

Authorizing the conveyance of certain state owned property and a certain state owned easement interest located in Carroll County; authorizing the conveyance of certain state owned property and the lease of certain state owned property located in Chatham County; authorizing the conveyance of certain state owned property located in DeKalb County; authorizing the lease of certain state owned property located in Fulton County; authorizing the conveyance of certain state owned property and the exchange of certain state owned property located in Hall County; authorizing the conveyance of certain state owned property located in Lumpkin County; authorizing the lease amendment of certain state owned property and the lease of certain state owned property located in Rabun County; authorizing the conveyance of certain state owned property located in Sumter 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 real property located in Carroll County, Georgia; and (2) Said real property is approximately 13.943 acres located in Land Lots 218 and 219, 5th District, Carroll County, Georgia, commonly known as the West Georgia Technical College, and more particularly described in a Warranty Deed, dated June 23, 1988, from the Carroll County Board of Education, being recorded in Deed

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Book 601, Page 58, in the office of the Clerk of Superior Court of Carroll County and on file with the State Properties Commission Real Property Records as RPR 007575, and a Quitclaim Deed dated March 10, 1997, from the Carroll County Board of Education, being recorded in Deed Book 996, Page 52, in the office of the Clerk of the Superior Court of Carroll County and on file with the State Properties Commission Real Property Records as RPR 008964; and (3) Said real property is under the custody of the Technical College System of Georgia; and (4) By official action, the Technical College System of Georgia requested to surplus and convey the approximately 13.943 acres of real property; and

WHEREAS: (1) The State of Georgia is the owner of an access easement located in Carroll County, Georgia; and (2) Said easement is approximately 0.045 of an acre lying and being in Land Lots 157 and 164, 6th District, Carroll County, Georgia, commonly known as the access easement to the Department of Public Safety's communication tower, and more particularly described in a Grant of Easement dated October 8, 2018, from Carroll County, Georgia, being recorded in Deed Book 5664, Page 737, in the office of the Clerk of Superior Court of Carroll County and on file with the State Properties Commission Real Property Record as RPR 012177; and (3) Said easement is under the custody of the Department of Public Safety; and (4) By official action, Carroll County is desirous of relocating the access easement; and (5) By official action, the Department of Public Safety does not object to relocating the access easement and has requested to convey its interest over the approximately 0.045 of an acre easement area to Carroll County for title clearing purposes; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Chatham County, Georgia; and (2) Said real property is approximately 2.232 acres located in 6th G.M. District of Chatham County, Georgia, and more particularly described in that Deed, dated October 29, 1974, from Chatham County, Georgia, being recorded in Deed Book 104-K, Page 747, in the office of the Clerk of Superior Court of Chatham County and on file with the State Properties Commission Real Property Records as RPR 005955; and (3) Said real property is under the custody of the Department of Behavioral Health and Developmental Disabilities; and (4) Coastal Center for Development Services, Inc. is desirous of extending the current lease of the Property for 50 years; and

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(5) By official action dated October 14, 2021, the Department of Behavioral Health and Developmental Disabilities declared the Property surplus to their current and future need; and

WHEREAS: (1) The State of Georgia is the owner of real property located in Chatham County, Georgia; and (2) Said real property is approximately 1.82 acres lying and being in 8th G.M.D., Chatham County, Georgia, commonly known as the Savannah State Farmers Market, and more particularly described in that Deed dated November 9, 1951, from the Mayor and Aldermen of the City of Savannah and Commissioners of Chatham County and Ex-Officio Judges, being recorded in Deed Book 9, Pages 33-38, in the office of the Clerk of Superior Court of Chatham County and on file with the State Properties Commission Real Property Record as RPR 002236; and (3) Said real property is under the custody of the Department of Agriculture; and (4) By official action, Garden City requested to acquire 1.82 acres of right of way for the expansion of Alfred Street for the Savannah State Farmers Market's partnership with the United States Customs and Border Protection, Savannah Port of Entry, to inspect containers arriving from the Port of Savannah; and (5) By official action dated January 18, 2022, the Department of Agriculture requested to surplus and convey the approximately 1.82 acres of real property for the expansion of Alfred Street; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in DeKalb County, Georgia; and (2) Said real property is approximately 1.0 acre located in Land Lot 42, 16th Land District of DeKalb County, Georgia, and more particularly described in that Limited Warranty Deed, dated June 30, 2004, from Robert Pattillo Properties, Inc., successor by name change to Rockdale Industries, Inc., a Georgia corporation, being recorded in Deed Book 16327, Pages 598-601, in the office of the Clerk of Superior Court of DeKalb County and on file with the State Properties Commission Real Property Records as RPR 010995; and (3) Said real property is under the custody of the State Road and Tollway Authority and is located at 5290 Minola Dr., Lithonia, Georgia, being a portion of the Panola Road Park-and-Ride; and (4) By official action dated January 7, 2022, the State Road and Tollway Authority requested to seek legislation to surplus and convey the approximately 1.0 acre of real property; and

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WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and (2) Said real property is approximately 119.25 acres located in Land Lots 9, 10, 23 and 24, 14th District, City of Atlanta, Fulton County, Georgia, and more particularly described in that Deed, dated November 26, 1901, from the Confederate Soldiers' Home of Georgia, being recorded in Deed Book 201, Page 651, in the office of the Clerk of Superior Court of Fulton County and on file with the State Properties Commission Real Property Records as RPR 00621; and (3) Said real property is under the custody of the Department of Public Safety and is located at 959 United Avenue SE, Atlanta, Georgia, being the Department of Public Safety Headquarters; and (4) Justice Federal Credit Union is currently leasing approximately 2,224 square feet (Premises); and (5) A new Headquarters is being built at the same address and the Premises will be moved to the new Headquarters once construction is complete and will be approximately 1,000 square feet; and (6) Justice Federal Credit Union is desirous of entering into a new lease for three years with an option to renew for another three years; and (7) By official action, the Department of Public Safety does not object to the leasing of the Property; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hall County, Georgia; and (2) Said real property is approximately 0.926 of an acre located in Land Lot 166, 9th Land District of Hall County, Georgia, and more particularly described in that Corrective Warranty Deed, dated March 1, 1991, from George D. Gowder, Jr. and Mary Virginia Gowder Sloan, being recorded in Deed Book 1571, Pages 164-165, in the office of the Clerk of Superior Court of Hall County and on file with the State Properties Commission Real Property Records as RPR 008078; and (3) Said real property is under the custody of the Department of Agriculture and is located at 1195 Jesse Jewel Parkway, Gainesville, Georgia, being the Department's District Office; and (4) By official action dated October 18, 2021, the Department of Agriculture requested authorization to surplus and convey the approximately 0.926 of an acre of real property by competitive bid for fair market value or to a local government or state entity for fair market value; and

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WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hall County, Georgia; and (2) Said real property is approximately 15 acres located in G.M.D. 411, Hall County, Georgia, commonly known as the Gainesville Driver Customer Service Center and the Department of Community Supervision Field Office, and more particularly described in that Warranty Deed, dated December 20, 1990, from Gibbs and Sons Machinery, Inc., being recorded in Deed Book 1548, Pages 297-298 in the office of the Clerk of Superior Court of Hall County and on file with the State Properties Commission Real Property Record as RPR 008076; and (3) Said real property's custody is divided between the Department of Driver Services and the Department of Community Supervision; and (4) Adjacent property owner, Mar-Jac Poultry, Inc. is desirous of acquiring the 15 acre tract for expansion in exchange for a like or better property for the relocation of the Department of Driver Services; and (5) The Department of Driver Services and the Department of Community Supervision have not objected to the conveyance of the approximately 15 acres of real property; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Lumpkin County, Georgia; and (2) Said real property is a portion of the property, being approximately 16 acres located in Land Lot 113, 13th Land District, 1st Section of Lumpkin County, Georgia, commonly known as Blackburn State Park, and more particularly described in that Warranty Deed, dated July 7, 1966, from W.W. Blackburn, being recorded in Deed Book P-2, Pages 233-234, in the office of the Clerk of Superior Court of Lumpkin County and on file with the State Properties Commission Real Property Records as RPR 003907 and Warranty Deed, dated September 21, 1968, from Verge Major Reeves, being recorded in Deed Book S-2, Page 33-34, in the office of the Clerk of Superior Court of Lumpkin County and on file with the State Properties Commission Real Property Records as RPR 004164; and (3) Said real property is under the custody of the Department of Natural Resources; and (4) By official action dated February 21, 2022, the Department of Natural Resources requested to surplus and convey the approximately 16 acres of real property; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Rabun County, Georgia; and (2) Said real property is approximately 0.015 of an acre, being a portion of that parcel or tract lying and being in Land Lot 66 of the 2nd District of Rabun County, Georgia commonly known as Black Rock Mountain State Park, and more particularly described

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on a revised plat of survey dated April 29, 1995, prepared by William F. Rolader, Georgia Registered Land Surveyor #2042, and has been ground leased since 1995 to Currahee Paging, Inc. with the current lease term expiring December 31, 2029, being on file in the offices of the State Properties Commission Real Property Records as RPR 012339; and (3) Said real property is under the custody of the Georgia Department of Natural Resources and is a portion of Black Rock Mountain State Park; and (4) Currahee Paging, Inc. is desirous of amending the lease of the above described property to add two 10-year renewal options; and (5) By official action dated February 10, 2022, the Georgia Department of Natural Resources requested to amend the existing lease to include two ten-year renewal options under the same terms of the current lease; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Rabun County, Georgia; and (2) Said real property is approximately 0.057 of an acre lying and being in Land Lot 65, 2nd Land District of Rabun County, Georgia, and more particularly described in a General Warranty Deed dated February 7, 1996, from James E. Giles, being recorded in Deed Book E16, Pages 513-517 in the office of the Clerk of Superior Court of Rabun County and on file with the State Properties Commission Real Property Record as RPR 008750; and (3) Said real property is under the custody of the Department of Natural Resources and is a portion of Black Rock Mountain State Park; and (4) Southern Communications Services, Inc. d/b/a Southern Linc f/d/b/a SouthernLINC Wireless is desirous of leasing the property for a period of five years with two five-year renewal options; and (5) By official action dated November 22, 2021, the Department of Natural Resources does not object to the leasing of the property; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Sumter County, Georgia; and (2) Said real property is approximately 50.08 acres located in Land Lots 151 and 152, 27th Land District of Sumter County, Georgia, and more particularly described in that Deed, dated February 23, 1998, from Sumter County Board of Commissioners, being recorded in Deed Book 513, Pages 225-227, in the office of the Clerk of Superior Court of Sumter County and on file with the State Properties Commission Real Property Records as RPR 009117; and

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(3) Said real property is under the custody of the Department of Juvenile Justice and is located at 300 McMath Mill Road, Americus, Georgia, being the Sumter Youth Development Center; and (4) By official action dated November 15, 2021, the Sumter County Board of Commissioners expressed its desire to acquire the above-described property for a public purpose and acknowledged that the Sumter County Board of Commissioners shall not take, nor fail to take, any action which would cause any outstanding tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code and shall not use the above-described property for any nongovernmental purpose, or any purpose that would give rise to private business use, within the meaning of the tax code; and (5) By official action dated January 27, 2022, the Department of Juvenile Justice requested authorization to surplus and convey the approximately 50.08 acres of real property to the Sumter County Board of Commissioners.

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 Carroll County, containing approximately 13.943 acres, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the 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; to a local government or state entity for a consideration of $10.00, so long as the property is used for a public purpose in perpetuity and the local government or state entity does not take, nor fail to take, any action which would cause any outstanding tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code, and does not use the above-described property for any nongovernmental purpose, or any purpose that would give rise to private business use within the meaning of the tax code, any of which shall cause a reversion to the State of Georgia, or its successor and assigns, of all rights, title, privileges, powers, and easement granted therein; 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.

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SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 4. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 5. That the deed or deeds and plat or plats shall be recorded by the Grantee in the Superior Court of Carroll County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 6. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE II SECTION 7.

The State of Georgia is the owner of the above-described access easement located in Carroll County, containing approximately 0.045 of an acre, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 8. That the above-described access easement may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Carroll County for consideration of $10.00 for title clearing purposes 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 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 10. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 11. That the deed or deeds and plat or plats shall be recorded by the Grantee in the Superior Court of Carroll County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described property located in Chatham County, containing approximately 2.232 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.

SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the lease of the above-described property with Coastal Center for Development Services, Inc., for an additional 50-year term under the same terms and conditions as the current lease, pursuant to which consideration is $1,000.00 annually, and such further terms and conditions as determined by the State Properties Commission as to be in the best interest of the State of Georgia.

SECTION 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 16. That the authorization to lease the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 17. That the amended lease shall be recorded by the Lessee in the Superior Court of Chatham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 18. That the above-described real property shall remain in the custody of the Department of Behavioral Health and Developmental Disabilities during the term of the lease.

ARTICLE IV SECTION 19.

That the State of Georgia is the owner of the above-described property located in Chatham County, containing approximately 1.82 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 20. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Garden City, for $10.00, so long as the property is used for a public purpose in perpetuity, 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 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 22. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 23. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Chatham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 24. That the above-described real property shall remain in the custody of the Department of Agriculture until the property is conveyed.

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ARTICLE V SECTION 25.

That the State of Georgia is the owner of the above-described property located in DeKalb County, containing approximately 1.0 acre, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 26. That the above-described improved real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for fair market value 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 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 28. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 29. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of DeKalb County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 30. That the above-described real property shall remain in the custody of the State Road and Tollway Authority until the property is conveyed.

ARTICLE VI SECTION 31.

That the State of Georgia is the owner of the above-described property located in Fulton County, containing approximately 119.25 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 32. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease a portion of the above-described real property to Justice Federal Credit Union for a three-year term, with an option to renew for an additional three-year term, for fair market value, and such further terms and conditions as determined by the State Properties Commission as to be in the best interest of the State of Georgia.

SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 34. That the authorization to lease the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 35. That the above-described real property shall remain in the custody of the Department of Public Safety during the term of the lease.

ARTICLE VII SECTION 36.

That the State of Georgia is the owner of the above-described property located in Hall County, containing approximately 0.926 of an acre, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 37. 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 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

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SECTION 39. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 40. 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 41. That custody of the above-described real property shall remain in the custody of the Department of Agriculture until the property is conveyed.

ARTICLE VIII SECTION 42.

That the State of Georgia is the owner of the above-described property located in Hall County, containing approximately 15 acres, and that in all matters relating to the exchange of the property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 43. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey by appropriate instrument to Mar-Jac Poultry, Inc., for the consideration of exchange to the State of Georgia of a like or better property, 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 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange, including the execution of all necessary documents.

SECTION 45. That the authorization to exchange the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 46. That the deed or deeds and plat or plats of the exchange documents 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.

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SECTION 47. That custody of the above-described real property shall remain in the custody of the Department of Driver Services and the Department of Community Supervision until the property is conveyed.

ARTICLE IX SECTION 48.

The State of Georgia is the owner of the above-described improved property located in Lumpkin County, containing approximately 16 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 49. 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 Lumpkin County for a consideration of $10.00, so long as the property is used for public purpose in perpetuity; 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 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 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 51. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 52. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Lumpkin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 53. That custody of the above-described real property shall remain in the custody of the Department of Natural Resources until the property is conveyed.

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ARTICLE X SECTION 54.

The State of Georgia is the owner of the above-described property located in Rabun County, containing approximately 0.015 of an acre, and that in all matters relating to conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 55. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the existing ground lease of the above-described property to Currahee Paging, Inc. to add two ten-year renewal options, with the existing terms of $16,337.82 annual base rent with escalation of 3 percent compounded annually and additional rent of 25 percent of annual gross revenue generated by any subleases, 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 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease amendment, including the execution of all necessary documents.

SECTION 57. That the authorization to amend the lease of the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 58. That the amended lease shall be recorded by the Lessee in the Superior Court of Rabun County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 59. That custody of the above-described real property shall remain in the custody of the Georgia Department of Natural Resources during the term of the lease.

ARTICLE XI SECTION 60.

The State of Georgia is the owner of the above-described property located in Rabun County, containing approximately 0.057 of an acre, and that in all matters relating to the leasing of

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said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 61. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described real property to Southern Communications Services, Inc. for a period of five years with two five-year renewal options for fair market value, and such further terms and conditions as determined by the State Properties Commission as to be in the best interest of the State of Georgia.

SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 63. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 64. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Lessee in the Superior Court of Rabun County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 65. That custody of the above-described real property shall remain in the custody of the Department of Natural Resources during the term of the lease.

ARTICLE XII SECTION 66.

That the State of Georgia is the owner of the above-described property located in Sumter County, containing approximately 50.08 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 67. That the above-described improved real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Sumter County Board of Commissioners for $10.00, so long as the property is used for a public purpose in perpetuity and the Sumter County Board of Commissioners does not take, nor fail

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to take, any action which would cause any outstanding tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code, and does not use the above-described property for any nongovernmental purpose, or any purpose that would give rise to private business use within the meaning of the tax code, any of which shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted therein; or to a local government or state entity for fair market value, or by competitive bid 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 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 69. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 70. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Sumter County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 71. That the above-described real property shall remain in the custody of the Department of Juvenile Justice until the property is conveyed.

ARTICLE XIII SECTION 72.

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

SECTION 73. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 2, 2022.

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PROPERTY AUTHORIZES THE GRANTING OF NONEXCLUSIVE EASEMENTS.

No. 806 (House Resolution No. 683).

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 Bartow, Douglas, Emanuel, Fulton, Gilmer, Gwinnett, Haralson, Paulding, Sumter, and Thomas 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 Bartow, Douglas, Emanuel, Fulton, Gilmer, Gwinnett, Haralson, Paulding, Sumter, and Thomas Counties; and

WHEREAS, Georgia Power Company, Douglasville-Douglas County Water and Sewer Authority, the City of Atlanta, Atlanta Gas Light Company, GreyStone Power Corporation, Sumter County Schools, and various public utilities 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 Department of Economic Development, Department of Natural Resources, Department of Public Safety, Department of Agriculture, Technical College System of Georgia, and Department of Juvenile Justice.

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 Bartow County, Georgia, and is commonly known as Toyo Tire Facility; and the property is in the custody of the Department of Economic Development which, by official action dated August 20, 2021, does not object to the granting of an easement; and, in all

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matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground distribution line and associated equipment to serve two separate electric vehicle charging stations. Said easement area is located in Bartow County, and is more particularly described as follows:
That approximately 0.15 of an acre, lying and being in Land Lots 181 and 216, 22nd District, 3rd Section, Bartow County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 3. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining an underground distribution line and associated equipment.

SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of the underground distribution line and associated equipment.

SECTION 5. That, after Georgia Power Company has put into use the underground distribution line and associated equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, 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 distribution line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area

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are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation 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 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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

SECTION 10. That, given the public purpose of the project, the consideration for such easement shall be for fair market value not less than $650.00 and such further consideration and provisions as

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the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Bartow 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 Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Douglas County, Georgia, and is commonly known as Sweetwater Creek State Park; and the property is in the custody of the Department of Natural Resources which, by official action dated December 7, 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 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Douglasville-Douglas County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for stormwater culvert repair for the benefit of Sweetwater Creek State Park. Said easement area is located in Douglas County, and is more particularly described as follows:
That approximately 0.14 of an acre, lying and being in Land Lots 954, 984-86, and 4, 2nd Land District, Douglas County, Georgia, and that portion only as shown on an engineer survey furnished by Douglasville-Douglas County Water and Sewer Authority, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 16. That the above-described easement area shall be used solely for the purpose of stormwater culvert repair.

SECTION 17. That Douglasville-Douglas County Water and Sewer Authority 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 stormwater culvert repair.

SECTION 18. That, after Douglasville-Douglas County Water and Sewer Authority has put into use the stormwater culvert this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Douglasville-Douglas County Water and Sewer Authority, 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 culvert shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to Douglasville-Douglas County Water and Sewer Authority and, except as herein specifically granted to Douglasville-Douglas County Water and Sewer Authority, 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 Douglasville-Douglas County Water and Sewer Authority.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Douglasville-Douglas County Water and Sewer Authority 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, Douglasville-Douglas County Water and Sewer Authority provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia.

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Upon written request from Douglasville-Douglas County Water and Sewer Authority 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 Douglasville-Douglas County Water and Sewer Authority 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. Douglasville-Douglas County Water and Sewer Authority 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 Douglasville-Douglas County Water and Sewer Authority in the Superior Court of Douglas 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 Douglasville-Douglas County Water and Sewer Authority shall expire three years after the date that this resolution becomes effective.

SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Emanuel County, Georgia, and is commonly known as the Emanuel Women's Facility; and the property is in the custody of the Department of Corrections which, by official action, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, installation, operation, and maintenance of overhead and underground electrical distribution lines and associated equipment to serve a new building for the benefit of the Emanuel Women's Facility. Said easement area is located in Emanuel County, and is more particularly described as follows:
That approximately 0.28 of an acre, lying and being in 53rd G.M. District, City of Swainsboro, Emanuel County, Georgia, and that portion only as shown on an engineer survey furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 29. That the above described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of overhead and underground electrical distribution lines and associated equipment.
SECTION 30. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of overhead and underground electrical distribution lines and associated equipment.
SECTION 31. That, after Georgia Power Company has put into use the overhead and underground electrical distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall

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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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 32. That no title shall be conveyed to 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 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and 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 34. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with

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respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 36. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 37. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Emanuel County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Fulton County, Georgia, and is commonly known as Department of Public Safety Headquarters; and the property is in the custody of the Department of Public Safety which, by official action dated December 9, 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 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 remove existing facilities and construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve the new Public Safety Headquarters building (DPS-043). Said easement area is located in Fulton County, and is more particularly described as follows:

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That approximately 0.48 of an acre, lying and being in Land Lots 10 and 23, 14th Land District, Fulton County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 42. That the above-described easement area shall be used solely for the purpose of the removal of existing facilities and constructing, installing, operating, and maintaining overhead and underground electrical distribution 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 removal of existing facilities and construction, installation, operation, and maintenance of overhead and underground electrical distribution lines and associated equipment.

SECTION 44. That, after Georgia Power Company has put into use the overhead and 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 overhead and underground electrical distribution 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

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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 interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent 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 Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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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.

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 Fulton County, Georgia, and is commonly known as the Georgia World Congress Center; and the property is in the custody of the Department of Economic Development Authority which, by official action dated January 13, 2022, 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 the City of Atlanta, or its successors and assigns, a nonexclusive easement for storm water culverts upgrades to increase drainage capacity to serve the Georgia World Congress Center. Said easement area is located in Fulton County, and is more particularly described as follows:
That approximately 0.13 of an acre, lying and being in Land Lot 83, 14th Land District, Fulton County, Georgia, and that portion only as shown on a survey furnished by the City of Atlanta Department of Watershed Management, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 55. That the above-described easement area shall be used solely for the purpose of storm water culverts upgrades.

SECTION 56. That the City of Atlanta shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the storm water culverts upgrades.

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SECTION 57. That, after the City of Atlanta has put into use the storm water culverts upgrades 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 Atlanta, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the storm water culverts upgrades shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to the City of Atlanta and, except as herein specifically granted to the City of Atlanta, all rights, title, and interest in and to said easement area 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 Atlanta.

SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Atlanta shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of Atlanta provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from City of Atlanta 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 the City of Atlanta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 61. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The City of Atlanta shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 62. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 63. That this grant of easement shall be recorded by the City of Atlanta in the Superior Court of Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to the City of Atlanta 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 Gilmer County, Georgia, and is commonly known as the Ellijay Farmers Market; and the property is in the custody of the Department of Agriculture which, by official action dated November 15, 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground distribution lines and associated

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equipment for their Grid Investment Plan. Said easement area is located in Gilmer County, and is more particularly described as follows:
That approximately 0.010 of an acre, lying and being in Land Lot 82, 11th Land District, Gilmer County, Georgia, and that portion only as shown on an engineer 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 68. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining underground distribution lines and associated equipment.

SECTION 69. 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 distribution lines and associated equipment.

SECTION 70. That, after Georgia Power Company has put into use the underground 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to 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 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

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state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation 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 73. 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 74. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Georgia 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 75. That the consideration for such easement shall be $9,350.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Gilmer County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 77. That the authorization in this resolution to grant the above-described easement to Georgia Power Company 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 Gwinnett County, Georgia, and is commonly known as Gwinnett Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated June 3, 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 Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground natural gas line and associated equipment to serve TCSG-361 Building 100 renovations and addition. Said easement area is located in Gwinnett County, and is more particularly described as follows:
That approximately 0.26 of an acre, lying and being in the 7th G.M.D., Gwinnett County, Georgia, and that portion only as shown on an engineering drawing and aerial furnished by Atlanta Gas Light Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 81. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining underground natural gas line and associated equipment.

SECTION 82. That Atlanta Gas Light Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground natural gas line and associated equipment.

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SECTION 83. That, after Atlanta Gas Light Company has put into use the underground natural gas line and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground natural gas line 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 Atlanta Gas Light Company and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area 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 Company.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Atlanta Gas Light Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 86. That the easement granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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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. Atlanta Gas Light Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 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 Atlanta Gas Light Company in the Superior Court of Gwinnett 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 Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.

SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Gwinnett County, Georgia, and is commonly known as Gwinnett Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated August 5, 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain overhead and underground electrical distribution

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lines and associated equipment to TCSG-361 Building 100 renovations and addition. Said easement area is located in Gwinnett County, and is more particularly described as follows:
That approximately 10.0 acres, lying and being in the 7th G.M.D., Gwinnett 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 94. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining overhead and underground electrical distribution lines and associated equipment.

SECTION 95. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for constructing, installing, operating, and maintaining overhead and underground electrical distribution lines and associated equipment.

SECTION 96. That, after Georgia Power Company has put into use the overhead and underground electrical distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 97. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area 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 Georgia Power Company.

SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the

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state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation 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 99. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 100. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 101. That, 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 102. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Gwinnett County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 103. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Haralson County, Georgia, and is commonly known as West Georgia Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated December 2, 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 106. 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 remote controlled motor operated switches to serve the Waco Substation to efficiently and quickly restore services to the campus. Said easement area is located in Haralson County, and is more particularly described as follows:
That approximately 0.42 of an acre, lying and being in Land Lots 264 and 273, 7th Land District, Haralson 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 107. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining remote controlled motor operated switches.

SECTION 108. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for constructing, installing, operating, and maintaining remote controlled motor operated switches.

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SECTION 109. That, after Georgia Power Company has put into use the constructing, installing, operating, and maintaining remote controlled motor operated switches this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the overhead and underground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. That no title shall be conveyed to 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 Georgia Power Company.

SECTION 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation 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 112. 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

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a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 113. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. 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 114. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 115. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Haralson County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE X SECTION 118.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Paulding County, Georgia, and is commonly known as Sheffield Forest Wildlife Management Area; and the property is in the custody of the Department of Natural Resources which, by official action dated September 28, 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.

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SECTION 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to GreyStone Power Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground power lines and associated equipment to serve an adjacent property owner. Said easement area is located in Paulding County, and is more particularly described as follows:
That approximately 0.34 of an acre, lying and being in Land Lot 434, 3rd District, Paulding County, Georgia, and that portion only as shown on an engineer drawing furnished by GreyStone Power Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 120. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining underground power lines and associated equipment.

SECTION 121. That GreyStone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of the underground power lines and associated equipment.

SECTION 122. That, after GreyStone Power Corporation has put into use the underground power lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, GreyStone Power Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 123. That no title shall be conveyed to GreyStone Power Corporation and, except as herein specifically granted to GreyStone Power 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 GreyStone Power Corporation.

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SECTION 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and GreyStone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, GreyStone Power Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from GreyStone Power Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 125. That the easement granted to GreyStone Power 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 126. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. GreyStone Power 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 127. That the consideration for such easement shall be for 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.

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SECTION 128. That this grant of easement shall be recorded by GreyStone Power Corporation in the Superior Court of Paulding County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 129. That the authorization in this resolution to grant the above-described easement to GreyStone Power Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 130. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XI SECTION 131.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Sumter County, Georgia, and is commonly known as South Georgia Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated August 5, 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 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve TCSG-360 CDL Facility and Improvements. Said easement area is located in Sumter County, and is more particularly described as follows:
That approximately 12.78 acres, lying and being in Land Lots 80 and 81, 27th Land District, Sumter 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 133. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining overhead and underground electrical distribution lines and associated equipment.

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SECTION 134. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for constructing, installing, operating, and maintaining overhead and underground electrical distribution lines and associated equipment.

SECTION 135. That, after Georgia Power Company has put into use the overhead and underground electrical distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, 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 distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 136. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted Georgia Power Company.

SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any 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.

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SECTION 138. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 139. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 140. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 141. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Sumter County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 142. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XII SECTION 144.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Sumter County, Georgia, and is commonly known as South Georgia Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated May 6, 2021, does not object to the granting of an easement;

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and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to Sumter County Schools, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground sewer line to the new Sumter County High School. Said easement area is located in Sumter County, and is more particularly described as follows:
That approximately 0.3 of an acre, lying and being in Land Lots 80, 81, 82, 99, and 100, 27th Land District, Sumter County, Georgia, and that portion only as shown on an engineer drawing furnished by Sumter County Schools, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 146. That the above-described easement area shall be used solely for the purpose of constructing, installing, operating, and maintaining underground sewer line.

SECTION 147. That Sumter County Schools 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 underground sewer line.

SECTION 148. That, after Sumter County Schools has put into use the underground sewer line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Sumter County Schools, 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 sewer line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 149. That no title shall be conveyed to Sumter County Schools and, except as herein specifically granted to Sumter County Schools, 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 Sumter County Schools.

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SECTION 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Sumter County Schools 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, Sumter County Schools 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 Sumter County Schools or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 151. That the easement granted to Sumter County Schools 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 152. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Sumter County Schools shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 153. That the consideration for such easement shall be for fair market value 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.

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SECTION 154. That this grant of easement shall be recorded by Sumter County Schools in the Superior Court of Sumter County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 155. That the authorization in this resolution to grant the above-described easement to Sumter County Schools shall expire three years after the date that this resolution becomes effective.

SECTION 156. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIII SECTION 157.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Thomas County, Georgia, and is commonly known as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center (Loftiss RYDC); and the property is in the custody of the Department of Juvenile Justice which, by official action dated February 4, 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 158. That the State of Georgia, acting by and through the State Properties Commission, may grant to various public utility companies nonexclusive easements to construct, install, operate, and maintain overhead and underground utilities and associated equipment to serve Loftiss RYDC. Said easement area is located in Thomas County, and is more particularly described as follows:
That approximately 56 foot wide utility easement, lying and being in Land Lot 6, 13th Land District, Thomas County, Georgia, and that portion only as shown on a survey by J.B. Faircloth & Associates, dated April 6, 2021, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 159. That the above-described easement area shall be used only for the purpose of constructing, installing, operating, and maintaining utilities and associated equipment.

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SECTION 160. That a public utility company to whom a nonexclusive easement is assigned shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for constructing, installing, operating, and maintaining utilities and associated equipment.

SECTION 161. That, after a utility company has put into use the utility and associated equipment for which a nonexclusive easement is assigned, 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, and powers granted in that nonexclusive easement. Upon abandonment, the utility company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the utility and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 162. That no title shall be conveyed to the public utility company and, except as assigned to the public utility 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 a public utility company.

SECTION 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the public utility 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, the public utility 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 the public utility 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.

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SECTION 164. That an easement granted to a public utility 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 165. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The public utility company to which a nonexclusive easement is assigned shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 166. That, given the public purpose of the project, the consideration for each such nonexclusive easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 167. That each assignment of a nonexclusive easement shall be recorded by the public utility company in the Superior Court of Thomas County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 168. That the authorization to grant the above-described nonexclusive easements to various public utility companies shall expire three years after the date that this resolution becomes effective.

SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the assignment of the easements.

ARTICLE XIV SECTION 170.

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

Approved May 2, 2022.

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STATE HIGHWAY SYSTEM DEDICATES CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM.

No. 807 (House Resolution No. 820).

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Mr. James J. Boss 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, Mr. Boss settled in Barrow County in 1866 and cultivated over 600 acres of farmland; and

WHEREAS, he was considered the largest farmer in the area during this time, and many of his descendants still live in the area today; and

WHEREAS, Mr. Boss diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state; and

WHEREAS, a man of deep and abiding faith, Mr. Boss was an active member of Bethabra Baptist Church; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

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WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART II WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, parents of Gold Star recipients have suffered the loss of a child who gave the ultimate sacrifice to this nation and their fellow man; and

WHEREAS, while there is a Gold Star Mothers national organization which has recognized the loss suffered by mothers of Gold Star recipients since World War I, there is no national organization honoring the same loss suffered by the fathers of Gold Star recipients; and

WHEREAS, it is important for fathers to be publicly acknowledged for the loss they have suffered and allow them to grieve and connect with other fathers who have also lost their children; and

WHEREAS, it is abundantly fitting and proper that the sacrifices of these remarkable and distinguished Georgians be honored appropriately.

PART III WHEREAS, the Arnold-Fountain Professional Club was organized in 1979 to bring together teachers of J. W. Arnold Elementary School and W. A. Fountain High School, both of which served African American students in Clayton County, Georgia, prior to integration in 1969; and

WHEREAS, Arnold Elementary School housed grades K through five and opened in 1963 with Mrs. Roberta T. Smith as the principal, whereas Fountain High School housed grades one through 12 and opened in 1951 with Mr. M.D. Roberts as the principal; and

WHEREAS, the mission of the Arnold-Fountain Professional Club is "to maintain contact among former educators from Fountain and Arnold Schools and interested persons in preserving the history of education in Clayton County; to promote personal and professional growth; to provide opportunities for service and assistance to youth through mentoring, role modeling, scholarship, and other acts of kindness"; and

WHEREAS, the 15 charter members of the Arnold-Fountain Professional Club were: Daisy Arnold, Zollie Curry, Helen Davenport, Esther Earl, Hattie Emerson, Alfretta Allen,

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Christine Harris, Charlotte McCoy, Verna Miller, Endy Moreland, Hazel Owens, Laura Patton, Susie Perkins, M.D. Roberts, and Virginia Roberts; and

WHEREAS, the members of the Arnold-Fountain Professional Club strive to promote professionalism and civic pride, provide support to members, engage in local and state government regarding education policies, and evaluate major issues in the field of education; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable organization be honored appropriately.

PART IV WHEREAS, Reverend Joseph Jones, Sr., was born in Atlanta, Georgia, on March 6, 1926, the third of the nine children of Ernest and Carrie Jones; and

WHEREAS, educated in the Atlanta Public School System, Reverend Jones served as a guardian of this nation's freedom and liberty with the United States Navy and was honorably discharged as Seaman First Class, V-6, on November 28, 1945; and

WHEREAS, in 1945, he was united in marriage to Darnella Shell and to their loving union were born seven children; and

WHEREAS, he was licensed as a minister of the Gospel while a member of Norwood Tabernacle Baptist Church; and

WHEREAS, he worked at Lockheed Martin Aeronautics Company for over 35 years and served as a business representative for Machinist Local #709; and

WHEREAS, Reverend Jones was active in his community as the PTA president of Clara Maxwell Pitts Elementary School and was a member of Ashlar Smooth Masons #574; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a bridge in their memory.

PART V WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Mr. Roger William Cavender served as a guardian of this nation's freedom and liberty with the United States Army during World War II; and

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WHEREAS, Mr. Cavender valiantly and courageously stormed the beaches of Normandy and fought in the Battle of the Bulge; and

WHEREAS, he demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, his service was recognized with numerous medals, including the Bronze Star, and after being wounded by shrapnel, Mr. Cavender declined the Purple Heart because he was afraid his family would worry about his injuries; and

WHEREAS, Mr. Cavender was a dedicated husband and father and was chairman of the building committee for Fairview Baptist Church when the church was being rebuilt; 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. Cavender 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 VI WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, SPC Etienne J. Murphy served as a guardian of this nation's freedom and liberty with the United States Army and was a member of the elite 75th Ranger Regiment as an anti-tank gunner; and

WHEREAS, a graduate of South Gwinnett High School where he excelled in the JROTC program, SPC Murphy 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 in Syria when his life was tragically cut short during a vehicle rollover while conducting combat operations; and

WHEREAS, SPC Murphy was awarded the Parachutist Badge, United States Army Expert Rifle Marksmanship Qualification Badge-Carbine, Army Achievement Medal with three oak leaf clusters, Army Good Conduct Medal, National Defense Service Medal, Global War on

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Terrorism Service Medal, Army Service Ribbon, NATO Medal, Operation Inherent Resolve Campaign Medal with campaign star, Overseas Service Ribbon, and the Army Commendation Medal; and

WHEREAS, SPC Murphy 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 VII WHEREAS, Judge Larry Salmon was born on March 29, 1938, in Rome, Georgia, graduated from Armuchee High School, and spent his life serving and loving his community; and

WHEREAS, Judge Salmon earned his bachelor's degree and Juris Doctorate from the University of Georgia, where he was a member of the Alpha Tau Omega fraternity; and

WHEREAS, he worked with the Parker, Clary & Kent Law Firm before he served as assistant solicitor and assistant district attorney; and

WHEREAS, Judge Salmon served as the Floyd County District Attorney from the early 1970s until 1984 and took the bench as a superior court judge in 1989; and

WHEREAS, he served as served as superior court judge for almost 20 years until his retirement and, upon his retirement, went on to serve as a senior superior court judge for over a decade; and

WHEREAS, during his career on the bench, Judge Salmon earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and

WHEREAS, Judge Salmon was well known throughout the Armuchee community for his knowledge of local history and was well respected by the entire community; 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 VIII WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of City of Holly Springs Police Officer Joseph W. Burson on June 17, 2021; and

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WHEREAS, Officer Burson was born in Atlanta, Georgia, on December 21, 1996, and was united in love and marriage to his wife, MaryKate Burson; and

WHEREAS, he was the beloved son of John and Frances Burson and brother to John Thomas Burson; and

WHEREAS, a graduate of Kell High School, Officer Burson began his career in law enforcement on November 18, 2019, as a cadet with the Holly Springs Police Department; and

WHEREAS, he was sworn in as police officer with the Holly Springs Police Department on March 20, 2020; and

WHEREAS, throughout his career, the quick thinking and good judgment of Officer Burson was instrumental in bringing multiple offenders to justice and keeping harm from others; and

WHEREAS, Officer Burson's life was tragically cut short when he was killed during a routine traffic stop; and

WHEREAS, Officer Burson 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 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 interchange in his memory.

PART IX WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Sergeant James Terry Savage served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously defending democracy during the Vietnam War; and

WHEREAS, Sergeant Savage moved to Social Circle, Georgia, in 1965 and graduated from Social Circle High School in 1968; and

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WHEREAS, he was an Airborne Sensor Specialist flying aerial reconnaissance missions in central south Vietnam when his life was tragically cut short in an aircraft accident; and

WHEREAS, Sergeant Savage 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 a bridge in his memory.

PART X WHEREAS, Mr. Rex J. Yerkes was recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Pike County, Georgia; and

WHEREAS, Mr. Yerkes was devoted preserving the environment and passionate about conservation efforts on behalf of Pike County residents, working tirelessly to establish nature paths next to Pike County High School; and

WHEREAS, he was a founding member of the Chestnut Oaks Agriculture Center and the Stewardship of Conservation and the Environment and a member of the Towaliga Water and Soil Organization; and

WHEREAS, his leadership and guidance were instrumental to numerous other organizations, including the Lions Club and Cattlemen Association, and in his role as a volunteer firefighter for the Meansville community; and

WHEREAS, a man of deep and abiding faith, Mr. Yerkes was a member of Fincher United Methodist Church and Ebenezer United Methodist Church; and

WHEREAS, his vision and unyielding commitment to others and Pike County as a member of the appeals board for Pike County Building and Zoning set the standard for public service; and

WHEREAS, it is fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

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PART XI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Officer Bobbie Sue Hoenie on March 20, 1998; and

WHEREAS, Officer Hoenie was ending her night shift at the Dawson County Jail and was en route to her part-time job in Hall County as a 911 dispatcher when she came upon a motor vehicle accident caused by fallen trees after an early morning tornado struck the area; and

WHEREAS, after assisting a motorist stuck in a ditch, Officer Hoenie was attempting to clear the roads of downed trees to prevent further accidents when she was struck and killed by a vehicle; and

WHEREAS, Officer Hoenie was the embodiment of courage, compassion, and strength; and

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

PART XII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Sheriff Horace Irving Snider on August 19, 2021; and

WHEREAS, Sheriff Snider was born on December 21, 1939, in Schley County, Georgia, a beloved son of Horace and Myrtle Ward Snider; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly and courageously protecting his fellow Americans as a military policeman; and

WHEREAS, a distinguished law enforcement professional with many years of experience, Sheriff Snider served with grace and dignity for 27 and a half years as sheriff of Marion County, Georgia, the longest tenure of any sheriff in the county's history; and

WHEREAS, during his time as sheriff, he officiated youth programs such as the DARE education program, which taught students the skills necessary to help them avoid involvement in drugs, gangs, and violence; participated in fishing rodeos and youth sports; and served on several committees at the Georgia Sheriffs Association; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a mile of road in his memory.

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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, SPC Adam L. Harrell served as a guardian of this nation's freedom and liberty with the United States Army's 82nd Airborne Division; and

WHEREAS, SPC Harrell 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 during Operation Inherent Resolve; and

WHEREAS, his skill was recognized with an expert marksmanship badge, and he earned a reputation from his commanders and peers as a soldier who was willing to mentor and support others; and

WHEREAS, SPC Harrell 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 XIV WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mr. Bobby Lee Cook on February 19, 2021; and

WHEREAS, Mr. Cook was highly regarded by the citizens of this state and by members of the legal community across the country as a person of unquestioned integrity with an unparalleled commitment to defending the rights of the accused; and

WHEREAS, Mr. Cook was born in Chattoogaville, Georgia, on February 12, 1927, where he was raised in a small rural home without running water and learned the value of personal discipline and duty through his work at his family's local grocery store; and

WHEREAS, he enrolled in Gordon Academy, a military school, as a teenager and lied about his age in order to enlist in the United States Navy to serve as a guardian of this nation's freedom and liberty during World War II, where he also honed his fighting skills as a boxer; and

WHEREAS, Mr. Cook began his legal career with his own practice in 1949 in Summerville, Georgia; and

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WHEREAS, his personal discipline, sharp legal acumen, expansive knowledge base, fighting spirit, and devotion to helping others were evident in his representation of clients and throughout his career; and

WHEREAS, for decades, Mr. Cook was hired for, or consulted on, nearly every high profile case in Georgia and his practice went on to transcend Georgia, with victories in murder trials in Germany and Vietnam; and

WHEREAS, Mr. Cook will long be remembered for his tireless advocacy for people of all economic strata, his commitment to the legal profession through his mentorship of other attorneys and imparting knowledge at seminars, and his razor-sharp wit; and

WHEREAS, widely known as the Dean of Criminal Defense Lawyers, Mr. Cook's work was recognized with numerous honors and accolades throughout his prestigious career, including lifetime achievement awards by both the National and Georgia Associations of Criminal Defense Lawyers; Georgia State University College of Law School's 2017 Ben F. Johnson Jr. Public Service Award; GreenLaw's Lifetime Achievement Award; and the Small Town Lawyer Made Good Award from the State Bar of Washington; was inducted into the American Trial Lawyers Hall of Fame; and has his portrait displayed in the Georgia Supreme Court; 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 XV WHEREAS, Mr. Fred Pulliam was recognized for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Franklin County, Georgia; and

WHEREAS, Mr. Pulliam's legacy and appreciation for public service came from his father, Grady Pulliam, who served for many years as a justice of the peace and assisted in county elections; and

WHEREAS, after a storied career in the poultry industry, Mr. Pulliam served as an emergency medical technician for the Royston Ambulance Service from 1974 to 1979; and

WHEREAS, he served as a justice of the peace and became a deputy sheriff in 1979, a position he held for over two decades; and

WHEREAS, Mr. Pulliam was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and

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WHEREAS, his vision and unyielding commitment to others and Franklin County set the standard for public service; and

WHEREAS, it is fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XVI WHEREAS, Mr. Seixas Milner was born in Atlanta, Georgia, and served as a guardian of this nation's freedom and liberty with the United States Army; and

WHEREAS, he valiantly and courageously served for six years during World War II and spent 18 years in the armed forces, earning distinction and commendation with five Campaign Stars, a Bronze Star, and a Combat Infantry Badge; and

WHEREAS, after returning home to civilian life, Mr. Milner grew a successful insurance brokerage firm in Atlanta; and

WHEREAS, in the 1970s, he purchased over 300 acres in Barrow County, which he named Green Pastures Farm and where he raised Black Angus cattle; and

WHEREAS, a man of deep and abiding faith, Mr. Milner was a devoted member of Bethabra Baptist Church and was instrumental in procuring the stained glass windows in the church's original chapel; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, Mr. Milner will long be remembered for his southern voice, hospitality, and friendly and outgoing demeanor, and this loyal husband, father, grandfather, and friend is missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART XVII WHEREAS, Sheriff Quinton Rush grew up in Tattnall County near Glennville, Georgia, where his father instilled the spirit of public service in him as a state representative; and

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WHEREAS, Sheriff Rush served as a driver's license examiner with the Georgia Department of Public Safety and was promoted to trooper just a year later; and

WHEREAS, during his service with the Georgia State Patrol, Sheriff Rush was assigned to posts in Hinesville and Reidsville before retiring as a lieutenant after 28 years of dedicated service; and

WHEREAS, he was elected sheriff of Tatnall County in 1996 and served for 20 years, where he 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, Sheriff Rush exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

WHEREAS, he was recognized with numerous honors and accolades, including Georgia Sheriff of the Year in 2016 by the Georgia Sheriff's Association; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART XVIII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Mr. Charlie D. Rogers 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. Rogers 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. Rogers 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 XIX WHEREAS, Lieutenant Hugh L. Moore was born on August 17, 1918, the beloved son of Mr. and Mrs. L.B. Moore; and

WHEREAS, a native of Nashville, Georgia, Lt. Moore graduated from the University of Georgia in 1938 and served as a guardian of this nation's freedom and liberty as a pilot with the United States Armed Forces during World War II; and

WHEREAS, he flew at least eight missions over Germany, participated in the Battle of Midway as a pilot of a Flying Fortress bomber, and went missing in action over enemy territory in Europe on July 28, 1942; and

WHEREAS, Lt. Moore's bravery and courage were recognized with an Air Medal with Oak Leaf Cluster and a Purple Heart; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XX WHEREAS, Mayor Maynard Jackson 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, Mayor Jackson was born on March 23, 1938, in Dallas, Texas, the beloved son of Maynard H. Jackson, Sr., a minister, and Irene Dobbs Jackson, a French professor; and

WHEREAS, a graduate of Morehouse College, Mayor Jackson earned his law degree at North Carolina Central University and worked as an attorney for the National Labor Relations Board and a legal services firm in the late 1960s; and

WHEREAS, Mayor Jackson was elected vice mayor of Atlanta in 1969, a role later modified to be the president of the city council, and in 1973 he was elected mayor of Atlanta, the first Black mayor of a large southern city; and

WHEREAS, during his tenure as mayor, he increased participation of minority owned businesses in municipal contracts, facilitated the construction of a new terminal at Hartsfield Atlanta International Airport, transformed the police department, and promoted involvement of the public in neighborhood planning; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his honor.

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PART XXI WHEREAS, Mr. Ronald Davis was born on May 24, 1939, in Fayetteville, Georgia, the beloved son of George and Carrie Davis; and

WHEREAS, a graduate of Fayette County High School, Mr. Davis started working in the retail clothing business at the age of 12; and

WHEREAS, in 1965 Mr. Davis founded Smith and Davis Clothing, which has been a staple of the Fayetteville community for 56 years; and

WHEREAS, a man of deep and abiding faith, Mr. Davis was a faithful member of Flat Creek Baptist Church for almost 40 years; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, it is fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XXII WHEREAS, Mr. Jerry C. Colwell was born on September 10, 1949, in Pike County, Georgia, the beloved son of J.C. Colwell, Jr., and Ann S. Colwell; and

WHEREAS, Mr. Colwell owned several businesses throughout his lifetime and got his start with Middle Georgia Water Systems; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, Mr. Colwell 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

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WHEREAS, it is fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XXIII WHEREAS, Mr. C.W. Matthews moved to Cobb County, Georgia, in 1941 and worked for Florence Grading Company of Powder Springs, which was the grading contractor for Air Force Plant #6, also known as Bell Bomber Plant, which eventually became Lockheed-Georgia; and

WHEREAS, the son of hardworking parents, Mr. Matthews attained only an eighth-grade education but had triple doctorates in character, work ethic, and common sense, with his example inspiring many to enter business for themselves; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Corps of Engineers during World War II; and

WHEREAS, upon his return to Cobb County after the war, Mr. Matthews began C.W. Matthews Contracting Company, Inc., which he grew to one of the premier and most respected highway contracting companies in the Southeast; and

WHEREAS, Mrs. Myrtle Matthews was the pillar of support and encouragement for her husband throughout the company's birth and growth; and

WHEREAS, Mr. Matthews was known to attribute his great success to hiring people who were smarter than he was and who possessed the character traits that allowed him to trust them in the presence of his family; and

WHEREAS, from the prosperity generated by his hard work and by the blessings of God, Mr. and Mrs. Matthews generously supported many churches, charitable works, and needy people in and beyond Cobb County; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a road in their memory.

PART XXIV WHEREAS, Ms. Joeann Compton 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

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WHEREAS, she has diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state, as evidenced dramatically by her superlative service with the Henry County Parks and Recreation Department as a tennis coach and mentor for athletes for over 35 years; and

WHEREAS, Ms. Compton organized tennis leagues, held tournaments, helped form the Henry County Tennis Association, and she was instrumental in running the Jac Roth Free Tennis Clinic; and

WHEREAS, affectionately known as "Momma Jo," Ms. Compton's tireless work ethic were instrumental in the Henry County Tennis Association's expansion of six tennis courts at Richard Craig Tennis Park; and

WHEREAS, in addition to her work with Henry County Parks, Ms. Compton served as a tennis coach at McDonough High School, where she instilled self-esteem in her student-athletes and encouraged them to achieve academic excellence, which served them both on and off the tennis court; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her honor.

PART XXV WHEREAS, Mrs. Cheri Hobson-Matthews and Mr. Andrew Jackson Welch III have long been recognized by the citizens of this state for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mrs. Hobson-Matthews began her career with Henry County in 2002 as a planner and served as chief planner, director and assistant director of planning and zoning, director of transportation planning, interim division director for community development, and deputy county manager prior to her current position as county manager; and

WHEREAS, a graduate and Eisenhower Fellow of Alabama A&M University, Mrs. Hobson-Matthews earned both bachelor's and master's degrees from the university and has been a member of the American Planning Association since 1995; and

WHEREAS, a graduate of Presbyterian College, Mr. Welch served as a United States Peace Corps Volunteer in Ghana, West Africa, and earned a master's degree and law degree from Vermont Law School, where he served as editor-in-chief of the school's environmental law journal; and

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WHEREAS, Mr. Welch 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 as a state representative for Henry County; and

WHEREAS, both Mrs. Hobson-Matthews and Mr. Welch have served with honor and distinction on behalf of the citizens of Henry County, and their vision and unyielding commitment have set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating an interchange in their honor.

PART XXVI WHEREAS, Mr. Jesse Thomas Blalock, 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, Mr. Blalock diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Jonesboro Colored School PTA and the Clayton County Civic League; and

WHEREAS, a man of deep and abiding faith, Mr. Blalock was a longtime member of Shiloh Baptist Church in Jonesboro, Georgia, where he served as a deacon and chair of the building committee, leading efforts to build a new sanctuary after the original church burned; and

WHEREAS, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XXVII WHEREAS, Mrs. Ethel Oliver Rogers was born on July 2, 1922, in Cohutta, Georgia, the beloved daughter of George Washington and Sarah Jane Oliver and was called home to be with the Lord on January 6, 1997; and

WHEREAS, Mrs. Rogers was a lifelong resident of Cohutta, where she operated two general stores on Wolfe Street with her daughters, Mary Frances and Virginia, and her sister Etta Oliver Wolfe until Etta's passing in 1975, from the late 1930s until the late 1970s; and

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WHEREAS, the General Merchandise Store was a gathering place for members of the community and remains in the hearts and minds of many Cohutta residents through stories of the sisters "Etter" and Ethel, simple times spent in fellowship, and the store's famous hand-dipped ice cream; and

WHEREAS, along with her love of gardening and mowing her own yard for as long as her health would allow, Mrs. Rogers also held chief among her joys being known as "Granny Rogers" to her eight grandchildren and others, as well as sitting on her front porch with her youngest grandchild watching trains come through town on the Norfolk Southern line, which inspired in him a lifelong love of train engines and transportation; and

WHEREAS, Mrs. Rogers was a faithful member of the Cohutta First Baptist Church, where she was known for providing candy to the children in Sunday school and where she never met a stranger without humbly sharing her faith and love for every soul; and

WHEREAS, Mrs. Rogers was a kind, gentle, and loving person who persevered through life's difficult challenges while never wavering in her faith, her love for all, and her duty to her family and her community; and

WHEREAS, July 2, 2022, will mark the 100th anniversary of the birth of Mrs. Rogers, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her memory.

PART XXVIII WHEREAS, Senator Jeff Mullis has a long and consistent record of service to the community and to this state, and he has been recognized as one of the most dynamic and committed 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 with the Georgia State Senate; and

WHEREAS, Senator Mullis was first elected to the Georgia State Senate in 2000 to serve Senate District 53 and is currently the longest serving Republican in the Senate, and he has announced that he will not seek reelection; and

WHEREAS, born and raised in Chickamauga, Georgia, Senator Mullis was formerly a fire chief and is an economic developer in Northwest Georgia for the Northwest Joint Development Authority; and

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WHEREAS, Senator Mullis is currently the chairman of the Senate Rules Committee and the chairman of the Economic Development Subcommittee of Senate Appropriations and has served on multiple other committees during his time in the Senate; and

WHEREAS, Senator Mullis also chairs the Senate Music Committee and the Halls of Fame Joint Committee, and he is the chairman emeritus of the Sportsman Caucus, whose mission is to promote and protect hunting, fishing, and the Second Amendment; and

WHEREAS, he has been recognized by Georgia Trend magazine as one of the "100 Most Influential People in Georgia" for six consecutive years, and James Magazine listed him as one of the "Most Influential Political Leaders in Georgia" for eight consecutive years; and

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

PART XXIX NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of State Route 211 and Old Hog Mountain/Covered Bridge Road in Barrow County is dedicated as the James J. Boss Memorial Roundabout.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 139 from Church Street to State Route 85 in Clayton County is dedicated as the Gold Star Fathers of Georgia Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 54 from the Clayton/Fayette line to U.S. 41 in Clayton County is dedicated as the Arnold-Fountain Professional Club Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 70 at Interstate 285 in Fulton County is dedicated as the Rev. Joseph Jones, Sr., and Darnella Jones Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 372 from Ball Ground Highway to Interstate 575 in Cherokee and Pickens counties is dedicated as the Roger W. Cavender Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 78 and Oak Drive in Gwinnett County is dedicated as the SPC Etienne J. Murphy Memorial Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route1/U.S. 27 and Little Texas Valley Road in Floyd County is dedicated as the Judge Larry Salmon Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 575 at Exit 11 in Cherokee County is dedicated as the Officer Joseph W. Burson Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the State Route 11/Social Circle Bypass bridge at the Little River in Walton County is dedicated as the Sergeant James Terry Savage Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 109 over Gola Creek in Pike County is dedicated as the Rex J. Yerkes Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 53 from the Hall/Forsyth County line to Little Hall Road in Hall County is dedicated as the Officer Bobbie S. Hoenie Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 26 from mile marker 15 to mile marker 16 in Marion County, Georgia, is dedicated as the Sheriff Horace Snider Memorial Mile.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 8 and State Route 378/Beaver Ruin Road in Gwinnett County is dedicated as the SPC Adam L. Harrell Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at State Route 48 and State Route 157 in Chattooga County is dedicated as the Bobby Lee Cook Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 51 over the Middle Fork Broad River in Franklin County is dedicated as the Fred Pulliam Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 211 from the intersection of Old Hog Mountain Road/Covered Bridge Road to the Little Mulberry River Bridge in Barrow County, Georgia, is dedicated as the Seixas Milner Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 144 from mile marker 6 to mile marker 11 in Tattnall County, Georgia, is dedicated as the Quinton Rush Highway.

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. Rogers Memorial Highway WW II - US Navy.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Nashville Tifton Highway/State Route 125 between the Virgil T. Barber Bridge and the City of Nashville in Berrien County is dedicated as the Lieutenant Hugh L. Moore Memorial Bridge, WW II MIA Purple Heart Recipient.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 75/Interstate 85 and State Route 10 in Fulton County is dedicated as the Maynard Jackson Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 54 and Ebenezer Road in Fayette County is dedicated as the Ronald Davis Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 19 and Old Zebulon Road in Pike County is dedicated as the Jerry C. Colwell Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 120/Dallas Highway from John Ward Road to Barrett Parkway in Cobb County is dedicated as the C.W. and Myrtle Matthews Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 155 from Commerce Place to College Street in Henry County is dedicated as the Joeann Compton Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 75 at Bethlehem Road (GDOT Project #0017182) in Henry County is dedicated as the Cheri Hobson-Matthews and Andrew Jackson Welch III Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 54 over the Flint River near Thomas Road in Clayton County is dedicated as the Jesse Thomas Blalock Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 71 and Wolfe Street/Old Dalton Cleveland Highway in Whitfield County is dedicated as the Ethel Oliver "Granny" Rogers Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Lee Clarkson Road in Walker County is dedicated as the Senator Jeff Mullis Intersection.

BE IT FURTHER RESOLVED AND ENACTED that: (1) Part IV of House Resolution 1041, approved February 10, 2006 (Ga. L. 2006, p. 8), is hereby repealed; (2) Part III and the third undesignated paragraph of Part XVI of Senate Resolution 39, approved May 10, 2021 (Ga. L. 2021, p. 897), are hereby repealed; and (3) Part II and the second undesignated paragraph of Part XX of House Resolution 444, approved May 8, 2018 (Ga. L. 2018, p. 1004), 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 and remove any signs in order to effectuate the purpose of 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 Arnold-Fountain Professional Club; Ms. Joeann Compton; Mrs. Cheri Hobson-Matthews; Mr. Andrew Jackson Welch III; and Senator Jeff Mullis; and to the families of Mr. James J. Boss; Reverend Joseph Jones, Sr., Darnella Jones; Mr. Roger William Cavender; SPC Etienne J. Murphy; Judge Larry Salmon; Officer Joseph W. Burson; Sergeant James Terry Savage; Mr. Rex J. Yerkes; Officer Bobbie Sue Hoenie; Sheriff Horace Irving Snider; SPC Adam L. Harrell; Mr. Bobby Lee Cook; Mr. Fred Pulliam; Mr. Seixas Milner; Sheriff Quinton Rush; Mr. Charlie D. Rogers; Lieutenant Hugh L. Moore; Mayor Maynard Jackson; Mr. Ronald Davis; Mr. Jerry C. Colwell; C.W. and Myrtle Matthews; Mr. Jesse Thomas Blalock; and Mrs. Ethel Oliver Rogers.

Approved May 2, 2022.

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PROFESSIONS AND BUSINESSES MASSAGE THERAPY; CONTINUING EDUCATION REQUIREMENTS.

No. 808 (House Bill No. 305).

AN ACT

To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to the practice of massage therapy, so as to revise a definition; to revise a provision relating to continuing education requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to the practice of massage therapy, is amended by revising paragraph (4) of Code Section 43-24A-3, relating to definitions, as follows:
"(4) 'Board recognized massage therapy educational program' means an educational program located within or outside the State of Georgia that receives compensation for training two or more persons in massage therapy or its modalities, which has submitted an application and fee, been approved by a national massage therapy certifying organization or entity approved by the board, and meets the standards for training and curriculum as set out by the board in its rules, including, but not limited to, standards for training and curriculum that are consistent with:
(A) The Nonpublic Postsecondary Education Commission as provided in Code Section 20-3-250.4; (B) A postsecondary institution of the Technical College System of Georgia that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; or (C) A postsecondary institution that is accredited by an accrediting agency recognized by the United States Department of Education and that is authorized or approved by a professional licensing board, department, or agency in another state, jurisdiction, or territory whose standards have been determined by the board to be equivalent to the Nonpublic Postsecondary Education Commission."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 43-24A-20, relating to continuing education requirements, as follows:

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"(b) Continuing education requirements or credits used for license renewal shall be approved by the board and provided by an instructor approved by and in good standing with a national massage therapy certifying organization or entity approved by the board."

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

Approved May 2, 2022.

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LABOR AND INDUSTRIAL RELATIONS DEFINES EMPLOYMENT TO INCLUDE SERVICES PERFORMED FOR WAGES UNLESS DEPARTMENT OF LABOR DETERMINES OTHERWISE; PROVIDES FOR CIVIL PENALTIES.

No. 809 (House Bill No. 389).

AN ACT

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change the definition of employment to include services performed by an individual for wages unless the Department of Labor makes a contrary determination based upon evidence that such individual has been, and will continue to be, free from control or direction over the performance of such services; to provide considerations as to whether an individual has been, and will continue to be, free from control and direction over the performance of services performed for wages; to provide for the Department of Labor to consider evidence submitted in response to an investigation when making a determination as to whether an employing unit has properly classified an individual's service as employment; to provide for an exception to the definition of employment for certain music industry professionals and network companies under certain conditions; to provide for definitions; to provide for civil penalties for improper classifications under certain circumstances; to provide for the deposit and use of any such civil penalties collected; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended in Code Section 34-8-35, relating to the definition of employment

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applicable to the "Employment Security Law," by revising subsection (f), adding two new paragraphs to subsection (n), and adding two new subsections to read as follows:
"(f) Except as otherwise provided in this Code section, services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that:
(1)(A) Such individual has been, and will continue to be, free from control or direction over the performance of such services, both under the individual's contract of service and in fact, as demonstrated by whether the individual:
(i) Is not prohibited from working for other companies or holding other employment contemporaneously; (ii) Is free to accept or reject work assignments without consequence; (iii) Is not prescribed minimum hours to work or, in the case of sales, does not have a minimum number of orders to be obtained; (iv) Has the discretion to set his or her own work schedule; (v) Receives only minimal instructions and no direct oversight or supervision regarding the services to be performed, such as the location where the services are to be performed and any requested deadlines; (vi) When applicable, has no territorial or geographic restrictions; and (vii) Is not required to perform, behave, or act or, alternatively, is compelled to perform, behave, or act in a manner related to the performance of services for wages which is determined by the Commissioner to demonstrate employment, in accordance with this Code section and such rules and regulations as the Commissioner may prescribe; and (B) Such individual is customarily engaged in an independently established trade, occupation, profession, or business; or (2) Such individual and the services performed for wages are the subject of an SS-8 determination by the Internal Revenue Service, which decided against employee status." "(15.1)(A) Services performed by a music industry professional provided that: (i) The services are provided by the music industry professional under contract with an individual or entity that is in compliance with said contract that expressly provides that such music industry professional:
(I) Has the ability to set his or her own hours and work schedule provided that completion dates are met; and (II) Shall not be treated as an employee for federal and state tax purposes; and (ii) The music industry professional customarily and regularly exercises discretion and independent judgment in the performance of the services provided for in such contract. (B) As used in this paragraph, the term 'music industry professional' means an individual engaged to render any creative, production, marketing, or distribution services related to a sound recording or musical composition. Such term shall include, but shall not be limited to, the following individuals when so engaged: a recording

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artist, songwriter, lyricist, composer, composition proofer, recording producer, recording director, musical engineer, musical mixer, musician, or vocalist; a music publicist; a radio promoter, or a photographer who works on recording photo shoots, album covers, or other press or publicity purposes;" "(16.1)(A) Services performed by or facilitated through a network company, provided that the network company has a written contract with the individual, with which said network company is in compliance, that expressly provides that the network company shall not:
(i) Unilaterally prescribe specific dates, times of day, or a minimum number of hours during which an individual is required to be logged into the network company's online enabled application or platform; (ii) Terminate such contract for not accepting, and shall not require an individual to accept, any specific transportation service request or delivery service request for services as a condition of maintaining access to the network company's online enabled application or platform; provided, however, that such network company may require, as part of such contract, a certain percentage of transportation service requests or delivery service requests to be accepted; (iii) Restrict an individual from performing transportation or delivery services through other network companies, except while the individual is performing services through the network company; and (iv) Contractually restrict an individual from working in any other lawful occupation or business. (B) As used in this paragraph, the term: (i) 'Ride share network service' shall have the same meaning as provided in Code Section 40-1-190. (ii) 'Network company' means a ride share network service or a business entity that maintains an online enabled application or platform used to facilitate delivery services in this state;" "(o) When determining whether an employing unit has properly classified an individual's service as employment, as such term is defined in this Code section, the department shall make a determination demonstrated by evidence timely submitted in response to an investigation conducted by the department. The department shall make such determination based upon the totality of the circumstances as applied to the provisions of this Code section that include and exclude certain services as employment. (p) This Code section shall not apply to Chapter 9 of this title."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"34-8-257. (a) Notwithstanding any other provision of law and in addition to any other penalties, fines, or offenses prescribed under this chapter, an employing unit that violates this chapter

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by failing to provide any contributions or administrative assessment owed for individuals whose service is described in subsection (f) of Code Section 34-8-35 shall pay to the Commissioner a civil penalty. For employing units with less than 100 employees, as determined by the Commissioner, the civil penalty shall be in an amount not to exceed $2,500.00 for each such individual. For employing units with 100 or more employees, as determined by the Commissioner, the civil penalty shall be in an amount not to exceed $7,500.00 for each such individual. In determining the amount of the civil penalty to be imposed, the Commissioner shall consider such factors as the number of individuals not properly classified such that the contributions and administrative assessments were not paid and the frequency of improper classifications by such employing unit. (b) The Commissioner shall be authorized to deposit all funds received pursuant to subsection (a) of this Code section into the general fund of the state treasury in compliance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to the appropriations process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this subsection be appropriated each year to the department for the purpose of enforcing subsection (f) of Code Section 34-8-35. (c) The department may assess the employing unit found to be in violation of subsection (f) of Code Section 34-8-35:
(1) An amount sufficient to cover the reasonable expense of investigation conducted by the department; and (2) Interest at the rate of 1 percent per month on any delinquent fine or assessment until such fine or assessment has been paid. Such interest shall commence on the day the fine or assessment becomes delinquent. (d) The Commissioner may waive any penalty, fine, or assessment provided for in this Code section."

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

Approved May 2, 2022.

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COURTS PUBLIC OFFICERS AND EMPLOYEES REVISES APPOINTMENT OF SUBSTITUTE DISTRICT ATTORNEYS; REVISES DISQUALIFICATION OF SOLICITORS-GENERAL PRO TEMPORE; LEGAL REPRESENTATION OF CERTAIN JUDGES.

No. 810 (House Bill No. 409).

AN ACT

To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to revise appointment of substitute for absent or disqualified district attorneys; to revise provisions regarding disqualification of solicitors-general pro tempore; to amend Article 4 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to counsel for public officials and agencies, so as to provide for a process for state-funded representation of certain judges in legal actions resulting from performance or nonperformance of their official duties; to provide for a definition; to establish the Judicial Legal Defense Fund; to establish the Judicial Legal Defense Fund Commission; to provide for appointments and duties; to provide for requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by revising Code Section 15-18-5, relating to appointment of substitute for absent or disqualified district attorney, as follows:
"15-18-5. (a) When a district attorney's office is disqualified from interest or relationship to engage in a prosecution, the district attorney shall notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia of the disqualification. Upon receipt of such notification, the executive director of the Prosecuting Attorneys' Council of the State of Georgia shall:
(1) Request the services of and thereafter appoint a district attorney, a solicitor-general, a retired prosecuting attorney as provided in Code Section 15-18-30, or an attorney employed by the Department of Law; (2) Designate an attorney from the Prosecuting Attorneys' Council of the State of Georgia; or (3) Appoint a competent attorney to act as district attorney pro tempore in place of the district attorney. (b) A private attorney acting as district attorney pro tempore pursuant to paragraph (3) of subsection (a) of this Code section is subject to all laws and regulations established

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pursuant to Code Section 15-18-19 governing district attorneys. Such private attorney shall receive the same compensation from state funds appropriated for the operations of the district attorneys at the same rate as the district attorney during the term of such appointment and shall incur the same penalties in the discharge of the duties of said office. (c) Nothing in this Code section shall affect Code Section 45-15-30. (d) The appointment of the district attorney pro tempore shall specify in writing the court or courts to which the appointment applies, the county or counties where located, the time period covered, and the name of the case or cases to which such appointment shall apply. A copy of the appointment shall be filed with the clerk of court and copies shall be provided to the presiding judge and the Prosecuting Attorneys' Council of the State of Georgia and opposing counsel in any action affected by such order. An order appointing a private attorney pursuant to this Code section shall also specify whether such attorney will serve on a full-time or part-time basis and any restrictions which may apply to such attorney's private practice of law during the term of such appointment. Private attorneys who serve on a part-time basis shall be compensated at an hourly rate determined by the Prosecuting Attorneys' Council of the State of Georgia based on the annual salary of district attorneys paid from state funds. The Prosecuting Attorneys' Council of the State of Georgia shall establish such procedures or guidelines as may be necessary to ensure proper accountability of any funds paid to a private attorney pursuant to this Code section. (e) A district attorney or solicitor-general who is designated as a district attorney pro tempore, or any assistant designated by such district attorney pro tempore to prosecute such case or cases, or an employee of the Prosecuting Attorneys' Council of the State of Georgia shall not receive any additional compensation for such services. The actual expenses incurred by the district attorney pro tempore or members of the district attorney pro tempore's staff shall be reimbursed in the same manner and by the same funding source as is provided by law for such personnel when they are performing official duties, provided that, in the case of nonstate paid personnel, the actual expenses incurred shall be reimbursed by the county in which the said district attorney pro tempore is acting at the same rate as provided in Code Section 15-18-12 for district attorneys. Any court costs, filing costs, witness fees, costs of reporting and preparing transcripts of records, and any other expenses incurred for such services shall be paid as provided by law. (f) If a disqualified district attorney fails or refuses to notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia as provided in subsection (a) of this Code section, the presiding judge may notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia. (g) Any order entered by a court disqualifying a district attorney's office from engaging in the prosecution shall specify the legal basis for such order. The district attorney may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided in Chapter 7 of Title 5."

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SECTION 2. Said chapter is further amended by revising Code Section 15-18-65, relating to disqualification of solicitor-general pro tempore, as follows:
"15-18-65. (a) When a solicitor-general's office is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general shall notify the executive director of the Prosecuting Attorneys' Council of the State of Georgia of the disqualification. Upon receipt of such notification, the executive director of the Prosecuting Attorneys' Council of the State of Georgia shall request the services of and thereafter appoint a solicitor-general, a district attorney, a retired prosecuting attorney as provided in Code Section 15-18-30, other competent attorney, or an attorney from the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia to act in place of the solicitor-general. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply. (b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county. (c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore, any assistant designated by such solicitor-general pro tempore to prosecute such case or cases, or any employee of the Department of Law or the Prosecuting Attorneys' Council of the State of Georgia shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys. (d) Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitor-general may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided by Chapter 7 of Title 5."

SECTION 3. Article 4 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to counsel for public officials and agencies, is amended by revising Code Section 45-15-70, relating to Governor authorized to provide counsel for public officials and agencies and fees and costs to be paid by state, as follows:

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"45-15-70. Except as provided for in Code Section 45-15-71: (1) When any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a public officer, public official, a state board or bureau, or against any member of such board or bureau and which action or proceeding seeks relief against such officer, official, board, or bureau in the administration of his, her, or its duties, and when the state compensates or appropriates or allocates moneys to such officer, official, board, or bureau which is used in the administration of his, her, or its duties, and this shall include county registrars, and when no regular counsel is provided within a reasonable time for such officer, official, board, bureau, or county registrar by the Attorney General, then the Governor may direct the Attorney General to provide such counsel. In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such officer, official, board, or bureau, or any member of such board or bureau, or county registrar; and (2) Whenever the Governor designates counsel in any action specified in paragraph (1) of this Code section, any fees or expenses paid to or on account of such counsel and any court costs may be paid by the state."

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"45-15-71. (a) As used in this Code section, the term 'defendant judge' means a Justice of the Supreme Court, judge of the Court of Appeals, judge of the Georgia State-wide Business Court, or judge of the superior court against whom an action or proceeding has been filed.
(b)(1) There is created a fund to be known as the 'Judicial Legal Defense Fund' to provide state-funded legal representation, including, but not limited to, legal costs and attorney's fees, for defendant judges in actions or proceedings in which such legal representation is authorized under this Code section by the Judicial Legal Defense Fund Commission and the Governor. (2) The Judicial Legal Defense Fund shall be administered by the director of the Office of Planning and Budget and shall be funded by disbursements made through the Governor's Emergency Fund as approved by the Governor. (c)(1) There is created a body to be known as the 'Judicial Legal Defense Fund Commission.' (2) The commission shall be governed by five members who shall be appointed, by and with the advice and consent of the Senate, as follows:
(A) One member, who shall be a member of the judiciary, shall be appointed by the Chief Justice of the Supreme Court;

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(B) One member shall be appointed by the Governor; (C) One member shall be appointed by the President of the Senate; (D) One member shall be appointed by the Speaker of the House of Representatives; and (E) One member, who shall be a member of the judiciary, shall be appointed by The Council of Superior Court Judges of Georgia. (3) Members appointed to the commission shall serve a two-year term from the date of their appointment and may serve consecutive terms. (4) All successors to appointed members shall be appointed in the same manner as initial appointments. Vacancies in office of appointed members shall be filled in the same manner as initial appointments. An appointment to fill a vacancy shall be for a new term of appointment. (5) The commission shall elect a chairperson, a vice chairperson, a secretary, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission. Reimbursements or expenses made to members shall be from appropriations made to the Governor's Emergency Fund. (6) The vote of at least a majority of the members present at any meeting is necessary for any action to be taken by the commission. No vacancy in the membership of the commission shall impair the commission's ability to perform its duties. (7) Meetings of the members of the commission shall be held at the call of the chairperson, or whenever any two members so request. (8) The executive director of The Council of Superior Court Judges of Georgia shall serve as staff to the commission. (d) It shall be the purpose of the Judicial Legal Defense Fund Commission to: (1) Evaluate requests from defendant judges for representation through the fund in an action or proceeding. The commission shall endorse such request and representation if: (A) The Attorney General has declined to represent the defendant judge in such action or proceeding; (B) The financial liability for such representation is not covered by any insurance policy maintained by the Department of Administrative Services; and (C) The commission determines that such action or proceeding is seeking relief against such defendant judge for actions taken pursuant to, or the nonperformance of actions required by, such defendant judge's official duties and that such representation is consistent with the purposes of the fund; and (2) With the assistance of the State Bar of Georgia maintain a list of attorneys who are members in good standing with the State Bar of Georgia and who have agreed to provide legal representation for judges through the fund; provided, however, that no attorney shall

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be included on such list of attorneys without the approval of the Governor and each attorney on such list shall be maintained on such list only at the pleasure of the Governor. (e) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state, a defendant judge having a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties shall have 15 days after service of such summons and complaint to file notice with the court of such belief. The court shall accept such notice and, unless the judge presiding over the case has a reasonable basis for believing that such summons and complaint is not seeking relief against the defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties, such defendant judge shall file his or her answer within 45 days after the filing of such notice. (f) After receiving the service of a summons and complaint upon himself or herself for any action or proceeding filed in any court of this state or in any federal court, a defendant judge who has a reasonable belief that such summons and complaint is seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties and who desires state-funded representation shall: (1) Within three days after service of such summons and complaint, file a written request for representation for such action or proceeding with the Attorney General with a copy of such written request sent to the Department of Administrative Services. The Attorney General may render such representation, or the Department of Administrative Services may provide for such representation, if the Attorney General determines such representation to be in the public interest and that such representation would not violate any legal principles, including, but not limited to, a legal conflict or if the Department of Administrative Services determines that such representation may be provided for under an insurance policy maintained by the department, respectively. The Attorney General and the Department of Administrative Services shall make such determination within ten days of receiving such written request; and
(2)(A) If the Attorney General determines that he or she will not provide representation for such defendant judge and if the Department of Administrative Services determines such representation is not covered by an insurance policy maintained by the department, such defendant judge shall file a request with the Judicial Legal Defense Fund Commission for the appointment of representation through the fund. Such request shall be in writing and shall include:
(i) A copy of the complaint seeking relief against such defendant judge for actions taken pursuant to, or for the nonperformance of actions required by, such defendant judge's official duties; and (ii) A statement showing why such defendant judge is entitled to representation provided for by the Judicial Legal Defense Fund.

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(B) Within five days of receiving such request, the commission shall evaluate the request pursuant to subsection (d) of this Code section and determine whether such request shall receive its endorsement. If the commission determines that such request shall receive its endorsement by a majority or tied vote of the commission, the defendant judge shall select an attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and the commission shall secure such attorney's agreement to provide any approved representation of such defendant judge through the fund and such attorney's estimated budget for such representation as calculated pursuant to subsection (g) of this Code section. The commission shall then forward the defendant judge's request, the commission's endorsement, the name of the selected attorney, and such attorney's estimated budget to the Governor. (C) Within five days of receiving such information from the commission, the Governor shall evaluate the endorsement of the commission and related information. If the Governor concurs with such endorsement, the selected attorney, and such attorney's estimated budget, the Governor shall authorize disbursements to the fund for such representation. (g)(1) An attorney selected by a defendant judge pursuant to subparagraph (f)(2)(B) of this Code section shall submit an estimated budget for the representation of the defendant judge to the commission within three days of such attorney's selection. Such estimated budget shall be based on the general rate of pay established by the Department of Administrative Services for attorneys retained when the Attorney General has a conflict of interest and the time that such attorney reasonably believes will be required to provide such representation. (2) In the event that the expense of representation of such defendant judge exceeds the estimated budget provided, such attorney shall submit to the commission an amended estimated budget. Such amended estimated budget shall provide a list of services and expenses to date and the estimated cost of continued representation. Within five days of receipt of such amended estimated budget, if the commission concurs with the amended estimated budget, the commission shall forward the amended estimated budget to the Governor. If the Governor concurs with such budget, the Governor shall authorize additional disbursements to the fund for such continued representation. (3) Upon the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall submit a final accounting of the cost of representation. Any funds received by such attorney in excess of the final expense shall be returned to the fund with notice to the commission. (4) In the event that an attorney providing representation to a defendant judge pursuant to this Code section is no longer able to provide such representation prior to the final disposition of the underlying action or proceeding against such defendant judge, such attorney shall notify the commission and provide a final accounting of the cost of representation. Any unused funds received by such attorney shall be returned to the fund with notice to the commission. Such defendant judge shall then select a substitute

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attorney from the list maintained pursuant to paragraph (2) of subsection (d) of this Code section and such attorney shall prepare and submit for concurrence an estimated budget as provided for under this subsection. (h) Nothing in this Code section shall be construed to prevent any defendant judge from selecting his or her own attorney at his or her own expense. (i) Nothing in this Code section shall be construed as providing insurance coverage or constituting a waiver of sovereign, qualified, or official immunity."

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

Approved May 2, 2022.

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PROFESSIONS AND BUSINESSES LICENSURE OF INDIVIDUALS IN PRACTICE OF APPLIED BEHAVIOR ANALYSIS; CREATES GEORGIA BEHAVIOR ANALYST LICENSING BOARD.

No. 811 (House Bill No. 412).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensure of individuals in the practice of applied behavior analysis; to provide legislative findings; to provide for definitions; to create the Georgia Behavior Analyst Licensing Board; to provide for its membership and duties; to provide for licensing requirements; to provide for penalties; to provide for statutory construction; to provide for temporary licenses; to provide for reciprocity; to provide for a website link to certifying entities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

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"CHAPTER 7A

43-7A-1. The General Assembly finds that the practice of applied behavior analysis in Georgia is hereby declared to affect the public health, safety, and welfare of citizens of Georgia and should be subject to regulation to protect the public from: (i) the practice of applied behavior analysis by unqualified persons; and (ii) unprofessional, unethical, and harmful conduct by behavior analysis practitioners.

43-7A-2. As used in this chapter, the term:
(1) 'Applied behavior analysis' means the design, implementation, and evaluation of systematic instructional and environmental modifications by a behavior analyst, to produce socially significant improvements in behavior. (2) 'Behavior technician' means a paraprofessional who practices under the extended authority, close and ongoing supervision, and responsibility of a licensed behavior analyst or licensed assistant behavior analyst and delivers services as assigned by such licensee but does not design assessment or intervention plans or procedures. (3) 'Board' means the Georgia Behavior Analyst Licensing Board created pursuant to this chapter. (4) 'Board certified' means a certification issued by a certifying entity to a practitioner of applied behavior analysis demonstrating that such practitioner meets specific requirements. (5) 'Certifying entity' means the Behavior Analyst Certification Board, Inc., or its successor, or another entity that conducts programs to certify professional practitioners of behavior analysis that are accredited by the National Commission on Certifying Agencies or the American National Standards Institute as identified by the board. (6) 'Licensed assistant behavior analyst' means an individual who is licensed pursuant to this chapter to practice as an assistant behavior analyst. (7) 'Licensed behavior analyst' means an individual who is licensed pursuant to this chapter to practice as a behavior analyst. (8) 'Practice of applied behavior analysis' means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Such term includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; interventions based on scientific research and direct and indirect observation and measurement of behavior and the environment; and the utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental

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conditions. Such term expressly excludes psychological testing, diagnosis of a mental or physical disorder, psychotherapy, cognitive therapy, psychoanalysis, and counseling.

43-7A-3. (a) The Georgia Behavior Analyst Licensing Board is hereby established. The board shall be composed of five members appointed by the Governor.
(b)(1) The initial board members shall include: (A) Three members each of whom are either a board certified behavior analyst or a board certified behavior analyst-doctoral and who are eligible for licensure under this chapter. Such members shall apply for licensure as soon as feasible after appointment; (B) One member who is a board certified assistant behavior analyst who is eligible for licensure under this chapter. Such member shall apply for licensure as soon as feasible after appointment; and (C) One public member who: (i) Is not a licensed behavior analyst or a licensed assistant behavior analyst or the spouse of such person; (ii) Has never been in the practice of applied behavior analysis or the spouse of such person; and (iii) Does not have and has never had a material interest in the practice of applied behavior analysis.
(2) Subsequent board members shall include: (A) Three licensed behavior analysts; (B) One licensed assistant behavior analyst; and (C) One public member who: (i) Is not a licensed behavior analyst or a licensed assistant behavior analyst or the spouse of such person; (ii) Has never been in the practice of applied behavior analysis or the spouse of such person; and (iii) Does not have and has never had a material interest in the practice of applied behavior analysis.
(c) Members shall serve three-year terms and until their successors are duly appointed and qualified; provided, however, that initial terms shall be staggered so that one member serves an initial term of one year, two members serve initial terms of two years, and two members serve initial terms of three years, as designated by the Governor. No member shall be appointed to more than two consecutive three-year terms. (d) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor. (e) Members of the board shall receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance

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of actual transportation cost if traveling by public carrier within this state for attendance at board meetings. (f) The board shall meet at least twice annually and may meet at such other times as necessary, at the call of the chair or by a majority of the members, as necessary to transact its business. Such meetings may be conducted in-person, by telephone, by virtual means, or any combination thereof. (g) Three members of the board shall constitute a quorum. (h) The board shall annually elect a chairperson from among its membership and such other officers as deemed necessary.

43-7A-4. The board shall be authorized to:
(1) Adopt, amend, and repeal such rules and regulations as shall be reasonably necessary for the administration, enforcement, and implementation of the provisions and purposes of this chapter; (2) Issue, renew, and reinstate the licenses of duly qualified applicants for licensure; (3) Deny, suspend, revoke, or otherwise sanction licensees; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; (6) Conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; (7) Adopt a seal; (8) Establish rules and regulations relating to ethical conduct of persons licensed and regulated pursuant to this chapter; and (9) Do all other things necessary to administer and enforce this chapter and all rules and regulations adopted by the board pursuant to this chapter.

43-7A-5. (a) Each person desiring to obtain a license pursuant to this chapter shall submit an application and applicable fees to the board. An application shall furnish satisfactory evidence demonstrating that the applicant:
(1) Is of good moral character; (2) Conducts his or her professional activities in accordance with accepted professional and ethical standards and guidelines for responsible conduct for behavior analysts established by a certifying entity; and (3) Has received 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 chapter shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the

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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. (b) An applicant to be a licensed behavior analyst shall furnish satisfactory evidence demonstrating that the applicant: (1) Has successfully passed a behavior analyst examination conducted by a certifying entity; (2) Holds a master's degree based on applied behavior analysis coursework in an approved sequence; and (3) Maintains active status as a board certified behavior analyst. (c) An applicant to be a licensed assistant behavior analyst shall furnish satisfactory evidence demonstrating that the applicant: (1) Has successfully passed an assistant behavior analyst examination conducted by a certifying entity; (2) Holds a bachelor's degree based on applied behavior analysis coursework in an approved sequence; (3) Maintains active status as a board certified assistant behavior analyst; and (4) Will have ongoing supervision by a licensed behavior analyst in a manner consistent with the certifying entity's requirements for supervision of board certified assistant behavior analysts. (d) The board shall issue and renew licenses to qualified applicants no later than 90 days after receipt of a complete application or renewal application.

43-7A-6. (a) The unlicensed practice of applied behavior analysis is prohibited in this state, except as otherwise provided in Code Section 43-7A-7. (b) No person shall hold himself or herself out to be a licensed behavior analyst or licensed assistant behavior analyst unless he or she is licensed pursuant to this chapter. (c) Any person in violation of subsection (a) or (b) of this Code section shall be subject to a fine of $1,000.00 for each violation.

43-7A-7. The provisions of this chapter shall not be construed to prohibit or restrict the practice of any of the following:
(1) An individual licensed to practice psychology in this state, so long as the applied behavior analysis services provided by the licensed psychologist are within his or her education, training, and experience or an individual acting under the extended authority and direction of a licensed psychologist; (2) A behavior technician who delivers applied behavior analysis services under the extended authority, close and ongoing supervision, and responsibility of a licensed

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behavior analyst or a licensed assistant behavior analyst. Such individuals shall not represent themselves as professional behavior analysts and shall use titles that indicate their nonprofessional status, such as 'ABA technician,' 'behavior technician,' or 'tutor'; (3) A caregiver of a recipient of applied behavior analysis services who delivers such services to the recipient under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst. Such individuals shall not represent themselves as professional behavior analysts; (4) A behavior analyst who practices with nonhuman or nonpatient clients or consumers, including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management. Such individuals may use the title 'behavior analyst' but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter; (5) A licensed professional authorized to practice in this state who is not a behavior analyst, so long as the licensed professional does not represent that he or she is a licensed behavior analyst or licensed assistant behavior analyst and so long as any applied behavior analysis services performed are within the scope of practice of his or her profession and are commensurate with the licensed professional's education, training, and experience; (6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum, provided that such program of study, practicum, or intensive practicum is directly supervised by a licensed behavior analyst or an instructor in a course sequence approved by a certifying entity. Such individuals shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter and shall only use titles that clearly indicate their trainee status, such as 'student,' 'intern,' or 'trainee'; (7) Unlicensed individuals pursuing experience in applied behavior analysis consistent with the experience requirements of a certifying entity, provided that such experience is supervised in accordance with the requirements of a certifying entity and that such experience is supervised by a licensed behavior analyst; (8) Professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals. Such individuals may use the title 'behavior analyst' but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter; (9) Individuals who teach behavior analysis or conduct behavior analysis research, provided that such teaching or research does not involve the direct delivery of applied behavior analysis services. Such individuals may use the title 'behavior analyst' but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter;

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(10) Behavior analysts licensed in another jurisdiction or certified by the certifying entity to practice independently and who work in Georgia no more than a total of 30 days within a calendar year and have received a temporary behavior analyst license pursuant to this chapter; (11) An individual employed by a local board of education performing the duties of their positions; provided, however, that such individuals shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts or offer or provide applied behavior analysis services to any persons or entities other than their employing local board of education or accept remuneration for providing applied behavior analysis services other than the remuneration they receive from their employing local board of education unless he or she is licensed pursuant to this chapter; (12) Individuals providing behavior support services covered under the Medicaid Comprehensive Supports Waiver Program (COMP) or New Options Waiver (NOW) program; or (13) A licensed physician who is practicing medicine.

43-7A-8. A board certified behavior analyst or a board certified assistant behavior analyst residing and practicing in another state who temporarily provides applied behavior analysis services in this state to a resident of this state may apply for a temporary license to practice behavior analysis in this state. A temporary behavior analysis license may be issued only if the behavior analysis services are to be delivered during a limited and defined period of not more than a total of 30 days within a calendar year or shorter term otherwise approved by the board.

43-7A-9. The board shall issue a license to a person who is actively licensed as a behavior analyst in good standing in another state if such state imposes comparable licensure requirements as those imposed pursuant to this chapter and such state offers reciprocity to individuals licensed in this state. Applicants for reciprocity shall submit proof of current licensure, current certification by a certifying entity, compliance with ethical standards, and satisfactory results on a criminal background check.

43-7A-10. A license shall be granted for a period of two years. Prior to expiration of a license, the license may be renewed upon submission of an application for renewal, including proof of continued certification by a certifying entity and payment of the renewal fee imposed by the board.

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43-7A-11. The board shall post a link on its main webpage to the website of the certifying entity or entities."

SECTION 2. This Act shall become effective on July 1, 2023.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2022.
__________
REVENUE AND TAXATION PROVIDES FOR AGGREGATE CAPS AND EXTENDS SUNSET DATE FOR TAX CREDITS FOR REHABILITATION OF HISTORIC STRUCTURES.
No. 812 (House Bill No. 469).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits relative to state income taxes, so as to provide for aggregate caps and extend the sunset date for tax credits for the rehabilitation of historic structures; to extend a provision for an automatic repeal of such tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits relative to state income taxes, is amended by revising Code Section 48-7-29.8 of the Official Code of Georgia Annotated, relating to tax credits for the rehabilitation of historic structures, conditions, and limitations, 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) For calendar years 2023 and 2024, in no event shall credits issued under this Code section for historic homes exceed $5 million in aggregate per year. On and after January 1, 2025, no credits shall be issued under this Code section for historic homes. (D) For calendar years 2023 through 2027, in no event shall credits issued under this Code section for certified structures other than historic homes exceed $30 million in aggregate per year. (E) On and after January 1, 2028, 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. Applications submitted after the annual limitations provided for in paragraph (3) of subsection (c) of this Code section have been met shall be given priority the following year.

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(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 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

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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 (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.

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(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 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, 2027."

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

Approved May 2, 2022.

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PROFESSIONS AND BUSINESSES REVISES LICENSING PROVISIONS FOR PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS; REVISES MEMBERSHIP AND POWERS OF COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS.

No. 813 (House Bill No. 972).

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 change certain licensing provisions; to revise definitions; to provide for an additional member to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to change certain licensing requirements and exceptions; to change the eligibility for licensing requirements; to remove the ability of the board to issue a license without examination; to change certain requirements for licensure in professional counseling; to eliminate certain continuing education requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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 Article 1, relating to licensing provisions, as follows:

"ARTICLE 1

43-10A-1. This article shall be known and may be cited as the 'Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law.'

43-10A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to or who practice professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state.

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43-10A-3. As used in this article, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television. (2) 'Allied profession' means the practice of medicine, psychiatric nursing, psychology, or pastoral counseling. (3) 'Board' means the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists established by this article. (4) 'Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the Council for Higher Education Accreditation. (5) 'Commission on Rehabilitation Counselor Certification' means the national certifying agency for rehabilitation counselors as recognized by the National Commission for Certifying Agencies. (6) 'Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and the Council on Postsecondary Accreditation. (7) 'Counseling' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns. (8) 'Diagnose' means the use, administration, or application of any criteria contained within standard classification or diagnostic systems for mental disorders and that are related to the scope of practice as provided pursuant to this article. Such term shall not mean the diagnosis of any neuropsychological functioning or conditions. (9) 'Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioner's work by a person:
(A) Responsible for assuring the quality of the services rendered by that practitioner; (B) Responsible for ensuring that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner; and (C) Who is acceptable to the standards committee for that specialty in which the practitioner is working. (10) 'Division director' means the director of the professional licensing boards division. The division director shall serve as secretary to the board. (11) 'Fee' means money or anything of value, including but not limited to a salary, offered or received as compensation in return for rendering services in any specialty. (12) 'Marriage and family therapy' means that specialty which: (A) Evaluates, diagnoses, and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral; resolves intrapersonal and interpersonal

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conflicts; and changes perception, attitudes, and behavior; all within the context of marital and family systems; (B) Includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy; and (C) Involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics; the use of assessment instruments that evaluate marital and family functioning; designing and recommending a course of treatment; and the use of psychotherapy and counseling. (13) 'Practice a specialty' or 'practice' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of professional counseling, social work, or marriage and family therapy. (14) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal, and interpersonal concerns; utilizes counseling and psychotherapy to evaluate, diagnose, treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor shall have training and experience working with people with mental illness, developmental disability, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research. (15) 'Psychotherapeutic techniques' means those specific techniques involving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title. (16) 'Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral degree and which is recognized by an accrediting body acceptable to the board. (17) 'Social work' means that specialty which helps individuals, marriages, families, couples, groups, or communities to enhance or restore their capacity for functioning: by assisting in the obtaining or improving of tangible social and health services; by providing psychosocial evaluations, in-depth analyses and diagnoses of the nature and status of emotional, cognitive, mental, behavioral, and interpersonal problems or conditions; and by counseling and psychotherapeutic techniques, casework, social work advocacy, psychotherapy, and treatment in a variety of settings which include but are not

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limited to mental and physical health facilities, child and family service agencies, or private practice. (18) 'Specialty' means social work, marriage and family therapy, or professional counseling, or any combination thereof. (19) 'Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills. (20) 'Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this article or is a psychiatrist or a psychologist.

43-10A-4. (a) There is created the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. The board shall consist of ten members who have been residents of this state for at least 12 months prior to taking office. The ten members shall be constituted as follows:
(1) Three members licensed in professional counseling; (2) Three members licensed as social workers; (3) Three members licensed as marriage and family therapists; and (4) One member who shall represent the public at large and have no professional connection with any specialty. (b) All members of the board shall be appointed by the Governor, subject to confirmation by the Senate. Those members of the board who are required to be licensed shall be persons who are practicing in the designated specialty at the time of appointment. (c) Members of the board shall serve for a term of three years and until the appointment and qualification of their respective successors. No member shall serve on the board more than two consecutive terms. (d) Members of the board may be removed by the Governor, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, or conviction of any felony. (e) Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed and qualified. (f) Any person appointed to the board when the Senate is not in regular session may serve on the board without Senate confirmation until the Senate acts upon that appointment.

43-10A-5. (a) The members of the board shall take an oath to perform faithfully the duties of their office. Within 30 days after taking the oath of office, the first board appointed under this

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article shall meet for an organizational meeting on call by the division director. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairperson and vice chairperson to serve for terms of two years. (b) The quorum for the transaction of business of the board shall be as provided in subsection (h) of Code Section 43-1-2. (c) Unless specifically delegated to a standards committee pursuant to Code Section 43-10A-6, the board shall have the following powers and duties:
(1) To adopt, amend, and repeal such rules and regulations not inconsistent with this article necessary for the proper administration and enforcement of this article; (2) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice a specialty in this state; (3) To deny, suspend, revoke, or otherwise sanction licenses to practice a specialty in this state; (4) To initiate investigations for the purpose of discovering violations of this article; (5) To conduct hearings upon charges calling for the discipline of a licensee or on violations of this article; (6) To issue to specialists licensed under this article certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the chairperson of the board and the division director; (7) To adopt a seal; and (8) To do all other things necessary to administer and enforce this article and all rules and regulations adopted by the board pursuant to this article. (d) The board shall adopt a code of ethics to govern the behavior of persons licensed under this article, including but not limited to the prohibiting of practice in those areas in which the specialty practitioner has not obtained university level graduate training or substantially equivalent supervised experience. (e) Each member of the board shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (f) After a person has applied for licensure, no member of the board may supervise or direct such applicant for a fee nor shall any member vote on any applicant previously supervised or directed by that member. (g) The board shall hold at least two regular meetings each year. Additional meetings may be held upon the call of the chairperson of the board or at the written request of any four members of the board. (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.

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43-10A-6. (a) Those members of the board from the professional counseling specialty, the social work specialty, and the marriage and family therapy specialty shall constitute a separate standards committee for their respective specialty. Each standards committee by majority vote shall approve or disapprove the granting of all licenses in that specialty, approve the examination required of applicants for licensure in that committee's specialty and provide for the grading of that examination, and provide for other matters relating to licensure in that specialty. (b) No decision of a standards committee shall become effective until approved by the board. The board may initiate or otherwise act regarding any matter in which a standards committee is authorized to act. No decision of the board regarding a particular specialty shall become effective without the approval of at least two of the members of the standards committee for that specialty. (c) Meetings of a standards committee shall be reimbursed on the same basis as board meetings.

43-10A-7. (a) Except as otherwise provided in this article, a person who is not licensed under this article shall not practice professional counseling, social work, or marriage and family therapy, nor advertise the performance of such practice, nor use the title 'professional counselor,' 'associate professional counselor,' 'social worker,' 'marriage and family therapist,' or 'associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, associate professional counselor, social worker, marriage and family therapist, or associate marriage and family therapist or is licensed under this article. (b) The prohibition of subsection (a) of this Code section shall not apply to the following persons; provided, however, that no such person shall hold themselves out as being licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof or use the words 'licensed' or 'licensure' or any other words, letters, titles, images, or figures stating or implying that they are licensed to practice any such specialty, and no organization shall present itself as authorized to license individuals to practice any such specialty:
(1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respectively, of this title; (2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility;
(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any

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agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who, prior to January 1, 2022, engaged in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts. (C) Persons who, prior to January 1, 2022, engaged in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts; (4) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern'; (5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree; (6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure; (7) Persons who are undergoing an internship or practicum under supervision or under the direction of a person certified as a rehabilitation counselor by the Commission on Rehabilitation Counselor Certification; (8) Elementary, middle, or secondary school counselors and school social workers certificated as such by the Department of Education, Professional Standards Commission,

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or its successor agency but only when practicing within the scope of such certification and only when designated by the title 'school counselor,' 'school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification; (9) Persons registered as rehabilitation suppliers by the State Board of Workers' Compensation, including those registered as of July 1, 1992, but only when practicing rehabilitation counseling as a rehabilitation supplier for workers' compensation claimants and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-9-200.1; (10) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy; (11) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies; (12) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice; (13) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Services but only when engaged in such practice as an employee of that division; (14) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community organization, policy, planning, research, or administration may use the title 'social worker' and may only engage in such practice; (15) Persons who have obtained a bachelor's degree in social work from a program accredited by the Council on Social Work Education may use the title 'social worker' and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in paragraphs (6) and (19) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social work; (16) Addiction counselors who have met the certification requirements of the Georgia Addiction Counselors Association or any other similar private association of addiction counselors which includes among its certification requirements the following:
(A) Attainment of a high school diploma or a general educational development (GED) equivalency diploma; (B) Completion of at least 4,000 hours of full-time paid experience under direction provided by a person acceptable to the association in the practice of chemical dependency and abuse counseling; (C) Completion of at least 180 hours of education in the field of addiction and addiction counseling or treatment; and

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(D) Completion of at least 220 hours of supervision provided by a supervisor who meets the qualifications established by the association and which teaches chemical dependency and abuse counseling. Services which may be provided under this paragraph shall be limited to those practices sanctioned by the certifying association and shall in any event be limited to the provision of chemical dependency treatment in the following settings: screening; intake; orientation; assessment for addiction diseases; treatment planning; individual, family, and group addiction counseling; case management; crisis intervention; client education; referral, reporting, and record keeping; and consultation with other professionals in regard to client treatment and services. Persons exempt under this paragraph shall not use any title indicating or implying that they are licensed under this article; (17) Persons who are training to be addiction counselors but only when such persons are: (A) Employed by an agency or facility that is licensed to provide addiction counseling; (B) Supervised and directed by a supervisor who meets the qualifications established by the Georgia Addiction Counselors Association or any other similar private association of addiction counselors which includes among its certification requirements the criteria specified in paragraph (16) of this subsection; (C) Graduated from high school or have a general educational development (GED) equivalency diploma; and (D) Actively seeking certification in accordance with the requirements of paragraph (15) of this subsection. No person shall qualify for the exception provided under this paragraph for a period in excess of three years. Services which may be provided under this paragraph shall be limited to those practices sanctioned by the certifying association and shall in any event be limited to the provision of chemical dependency treatment in the following settings: screening; intake; orientation; assessment for addiction diseases; treatment planning; individual, family, and group addiction counseling; case management; crisis intervention; client education; referral, reporting, and record keeping; and consultation with other professionals in regard to client treatment and services. Persons exempt under this paragraph shall not use any title indicating or implying that they are licensed under this article; and (18) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational units, the Technical College System of Georgia or its educational units, or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction; (19) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving People with Blindness or Visual

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Impairment, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; (20) Persons engaged in the practice of a specialty as an employee of the Department of Labor, but only when engaged in such practice as an employee of such department; and (21) Persons currently licensed to practice a specialty in another jurisdiction and who are practicing such specialty within a defined disaster area in order to alleviate the impact on persons affected by a disaster as defined in Code Section 38-3-91 or a state of emergency as defined in Code Section 38-3-3, but only when such specialty services are provided without cost to the recipients, and only for a maximum of 30 consecutive days following a disaster or a state of emergency. (c) Unless exempt under subsection (b) of this Code section, a person who is not licensed under this article shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty. (d) Notwithstanding any other provision of law to the contrary, a person who is exempt from licensure pursuant to paragraph (10) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph (16) of Code Section 43-10A-3 without being licensed if such person meets all the requirements to be licensed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the standards committee of that specialty as required by the rules of the board. (e) Nothing in this article shall be construed to prohibit the licensed practice of nursing or the performance of duties which constitute a standard procedure of the practice of medicine by any person acting under the direct supervision of a licensed medical doctor, provided that such supervised persons are qualified by virtue of their education, training, or experience to perform such duties and that such persons shall not use any titles indicating or implying that they are licensed under this article.

43-10A-8. No person shall be eligible for licensure under this article 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;

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(4) All persons licensed under this article who were licensed after April 26, 2006, are required to have completed a graduate level course or equivalent related to diagnosing and shall complete such curriculum in order to renew the license or apply for licensure; 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 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.

43-10A-9. The board shall provide for the conduct of examinations for licensure in each specialty at least twice a year. Examinations may be written, oral, experiential, or any combination thereof and shall deal with such theoretical and applied fields as prescribed by the board. The examinee's name shall not be disclosed to any person grading the examination until that grading is complete.

43-10A-10. The board may issue a license without examination to any applicant licensed in a specialty under the laws of another jurisdiction having requirements for licensure in that specialty which are substantially equal to the licensure requirements for that specialty in this state.

43-10A-11. (a) The education, experience, and training requirements for licensure in professional counseling are as follows:
(1) For licensure as an associate professional counselor: (A) A minimum of an earned master's degree or higher from a regionally accredited program in clinical counseling or counseling psychology that consists of at least 60 semester hours or 80 quarter hours with an approved supervised internship or practicum that is primarily counseling in content as a part of the degree program; and (B) Registration with the board of an acceptable contract for obtaining the post-degree experience under direction and supervision that is required for licensure as a professional counselor.
(2) For licensure as a professional counselor: (A)(i) A minimum of an earned master's degree or higher from a regionally accredited program in clinical counseling or counseling psychology that consists of at least 60 semester hours or 80 quarter hours with an approved supervised internship

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or practicum that is primarily counseling in content as a part of the degree program; and (ii) Two years of post-degree experience under direction and supervision in a work setting acceptable to the board; or (B) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board. (b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational, rehabilitation, career development, mental health, or community organizations. (c) Only a person licensed as an associate professional counselor may use the title 'associate professional counselor' or 'licensed associate professional counselor.' Associate professional counselors shall practice professional counseling only under direction and supervision and only for a period not to exceed five years while obtaining the post-degree experience required for licensure as a professional counselor.

43-10A-12. (a) The education, experience, and training requirements for licensure in social work are as follows:
(1) For licensure as a master's social worker, a master's degree in social work from a program accredited by the Council on Social Work Education; and (2) For licensure as a clinical social worker:
(A) A master's degree in social work from a program accredited by the Council on Social Work Education; and (B) As defined by the board, three years' full-time supervised experience in the practice of social work following granting of the master's degree. Of the three years of supervised experience, only the first two must be under direction. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application. (b) Licensed master's social workers may render or offer to render to individuals, marriages, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling, and supportive services such as administration, direction, supervision of bachelor's level social workers, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and supervision. Thereafter, they may engage in private practice, except that those social workers whose practice includes

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counseling or psychotherapeutic techniques may only engage in such practice under the supervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. (c) Licensed clinical social workers may practice all authorized services of licensed master's social workers and may: provide supervision and direction; provide psychosocial evaluation through data collection and analyses to diagnose the nature of an individual's mental, cognitive, emotional, behavioral, and interpersonal problems or conditions; provide counseling and psychotherapy to individuals, marriages, couples, families, and groups; interpret the psychosocial dynamics of a situation and recommend and implement a course of action to individuals, marriages, couples, families, or groups in such settings as private practice, family service and counseling agencies, health care facilities, and schools; and provide direct evaluation, casework, social work advocacy, education, training, prevention, and intervention services in situations threatened or affected by social, intrapersonal, or interpersonal stress or health impairment.

43-10A-13. (a) The education, experience, and training requirements for licensure in marriage and family therapy are as follows:
(1) For licensure as an associate marriage and family therapist, a master's degree in a program in marriage and family therapy or a program including a master's degree and additional post-master's degree coursework, both of which programs shall include three courses in marriage and family studies, three courses in marriage and family therapy, three courses in human development, one course in marriage and family therapy ethics, and one course in research, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; completion of a one-year practicum in marriage and family therapy under supervision before or after the granting of the master's degree, which practicum shall include 500 hours of direct clinical experience in marriage and family therapy and 100 hours of supervision of such experience; and registration with the board of an acceptable contract for obtaining the post-master's experience under direction and supervision required for licensure as a marriage and family therapist; and (2) For licensure as a marriage and family therapist:
(A) Licensure as an associate marriage and family therapist and two years of full-time post-master's experience or its equivalent in the practice of marriage and family therapy under direction and supervision as an associate marriage and family therapist, which shall include a minimum of 2,000 hours of direct clinical experience and 100 hours of supervision of such experience and which shall be completed within a period of not less than two years and not more than five years; (B) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which

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degree shall have been granted by a recognized educational institution and shall include, as part of the degree program or as additional post-master's degree coursework, at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; and three years' full-time post-master's experience or its equivalent under direction and supervision in the practice of any specialty, which shall include a minimum of 2,500 hours of direct clinical experience, one year of which may have been in an approved practicum before or after the granting of the master's degree which shall include a minimum of 500 hours of direct clinical experience, and two years of which shall have been in the practice of marriage and family therapy which shall include a minimum of 2,000 hours of direct clinical experience, and 200 hours of supervision of such experience all of which shall be completed within a period of not less than three years and not more than five years; or (C) A doctorate degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and shall include, as part of a master's or doctoral degree program or as additional postgraduate degree coursework, at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; two years' full-time post-master's experience under direction in the practice of marriage and family therapy which shall include a minimum of 1,500 hours of direct clinical experience, one year of which may have been in an approved internship program before or after the granting of the doctoral degree, which shall include a minimum of 500 hours of direct clinical experience, and one year of which shall have been full-time post-master's experience, which shall include a minimum of 1,000 hours of direct clinical experience; and 100 hours of supervision of such experience in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program. (b) Persons intending to apply for licensure as a marriage and family therapist and who have completed one of the graduate degrees required for such licensure may register a contract with the board for obtaining the required post-master's experience under direction and supervision. (c) Associate marriage and family therapists may only use the title 'associate marriage and family therapist' and may practice marriage and family therapy only under direction and supervision and only for a period not to exceed five years while obtaining the post-master's experience required for licensure as a marriage and family therapist.

43-10A-14. Application, examination, license, license renewal, and penalty fees shall be established by the board pursuant to Code Section 43-1-7.

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43-10A-15. Expiration, renewal, and penalty dates for licenses issued under this article shall be established pursuant to Code Section 43-1-4. No person whose license has expired shall have such license reinstated without complying with the rules and regulations regarding reinstatement set forth by the board.

43-10A-16. The board shall establish continuing education requirements for license renewal. The number of hours of continuing education in each specialty shall not exceed the number of hours available that year in each such specialty in board approved courses within the state. The board may waive these continuing education requirements for not more than 12 months, but such waiver shall only be available upon the licensee's satisfactory showing to the board of undue hardship.

43-10A-17. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by the board or to discipline a person licensed by the board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this article or rules or regulations promulgated thereunder; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if the applicant so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a specialty or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the specialty; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

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(B) An adjudication or sentence was otherwise withheld or not entered on the charge except with respect to a plea of nolo contendere. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had a license to practice a specialty revoked, suspended, or annulled by any lawful licensing authority other than the board; or been the subject of other disciplinary action by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice the specialty or is of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the specialty but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the specialty, as well as the practice of any professional activity which the licensee or applicant is not qualified to perform by virtue of not having acquired the requisite professional education, training, or experience; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice unlawfully a specialty or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of the specialty, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice the specialty with reasonable skill and safety to the public or has become unable to practice the specialty with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material:

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(A) In enforcing this subsection, the board may, if it has a reasonable basis to believe that the licensee is practicing while incapacitated in the performance of such licensee's duties by reason of substance abuse or mental or physical illness, require a licensee or applicant to submit to a mental, physical, or mental and physical examination by an appropriate licensed practitioner designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. If a licensee fails to submit to each examination when properly directed to do so by the board, the board may summarily suspend the license of such licensee, if the public health, safety, and welfare imperatively require such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal; and (B) For the purpose of this subsection, the board, if it has a reasonable basis to believe that the licensee is incapacitated in the performance of such licensee's duties by reason of substance abuse or mental or physical illness, may require the licensee to produce or give the board permission to obtain any and all records relating to the alleged incapacitating mental or physical condition of a licensee or applicant, including that individual's personal psychiatric, psychological, and mental health records; and such records shall be admissible in any hearing before the board. If a licensee fails to provide such records when properly directed to do so by the board, the board may summarily suspend the license of such licensee, if the public health, safety, and welfare imperatively require such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (c) For purposes of this Code section, the board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to a specialty, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license;

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(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the specialty. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section. (h)(1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as the division director or the board may deem necessary or proper for the enforcement of the provisions of this article. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or the division director's appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this article may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in the capacity as licensee shall be admissible at any hearing held to determine whether a violation of this article has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.

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(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this article or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section shall be immune from civil and criminal liability for so testifying. (j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if the applicant or licensee so requests. (k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. The board may restore and reissue a license to practice a specialty and, as a condition thereof, may impose any disciplinary sanction provided by this Code section. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, limited liability companies, corporations, or other associations of any kind whatsoever. (n) Regulation by the board of a specialty shall not exempt licensees under this article from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

43-10A-18. Whenever it shall appear to the board that any person is or has been violating any provisions of this article or any of the lawful rules, regulations, or orders of the board, the board, the division director, or the appropriate district attorney may file a petition for

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injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy available, including but not limited to any right of criminal prosecution provided by law.

43-10A-19. It shall be unlawful for a person to obtain or attempt to obtain a license under this article by fraudulent representation.

43-10A-20. Any person violating Code Section 43-10A-19 or Code Section 43-10A-7 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense or by imprisonment for up to 12 months, or both.

43-10A-21. (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this article, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (4), (5), (6), (12), (14), or (15) of subsection (b) of Code Section 43-10A-7, is licensed under this article. (b) Any corporation, partnership, association, or other business entity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense or by imprisonment for up to 12 months, or both.

43-10A-22. Nothing in this article shall be construed to authorize persons licensed under this article to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this article be construed to limit or regulate the practice of those licensed under Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this article be construed to authorize persons licensed under this article to perform psychological testing as defined in Code Section 43-39-1.

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43-10A-23. Nothing in this article shall be construed to mandate insurance coverage or reimbursement for specialty practitioners licensed under this article."

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

Approved May 2, 2022.

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MOTOR VEHICLES AND TRAFFIC PROVIDES FOR OPERATION OF PERSONAL DELIVERY DEVICES UPON HIGHWAYS AND SIDEWALKS.

No. 814 (House Bill No. 1009).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the operation of personal delivery devices upon highways and sidewalks; to provide for and revise definitions; to provide for conditions and limitations for such operation; to provide for standards for parking such devices; to prohibit the transport of hazardous materials by such devices; to provide for equipment standards for such devices; to provide for insurance and monitoring standards; to provide for procedures for reporting of accidents by such devices; to provide for penalties; to provide for issuance of citations; to provide for jurisdiction and authority to hear cases relative to such citations; to provide for power of local authorities relative to regulation of such devices; to prohibit operation of such devices in certain locations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by revising paragraphs (6.1), (6.2), (33), (43.1), (43.2), and (57) and adding three new paragraphs to read as follows:
"(6.1) 'Bicycle lane' means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles and electric assisted bicycles or for travel by a personal delivery device. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines,

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recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials. (6.2) 'Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle and electric assisted bicycle riders or for travel by a personal delivery device." "(33) 'Motor vehicle' means every vehicle which is self-propelled other than a personal delivery device, an electric assisted bicycle, or an electric personal assistive mobility device (EPAMD)." "(43.1) 'Personal delivery device' means a powered vehicle that utilizes an automated driving system to transport cargo, is not designed to transport passengers, and has a maximum unladen weight of 500 pounds or a maximum weight of 600 pounds when carrying any cargo. (43.2) 'Personal delivery device operator' means a person or an agent of a person that exercises control or monitoring over the operation of a personal delivery device; provided, however, that a person or an agent of a person shall not be considered a personal delivery operator solely because such person or agent:
(A) Requests or receives the delivery or services of a personal delivery device; (B) Arranges for or dispatches the requested services of a personal delivery device; or (C) Stores, charges, or maintains a personal delivery device. (43.3) 'Personal delivery device owner' means a person, individual, firm, company, association, corporation, or other business entity who owns a personal delivery device or, in the event that the personal delivery device is leased, the lessee and may include a personal delivery device operator. (43.4) 'Personal transportation vehicle' or 'PTV' means: (A) Any motor vehicle having no fewer than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour if such vehicle was authorized to operate on local roads by a local authority prior to January 1, 2012. Such vehicles may also be referred to as 'motorized carts' in such local ordinances; and (B) Any motor vehicle:
(i) With a minimum of four wheels; (ii) Capable of a maximum level ground speed of less than 20 miles per hour; (iii) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) Capable of transporting not more than eight persons. The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multipurpose off-highway vehicle.

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(43.5) 'Personal transportation vehicle path' or 'PTV path' means a right of way under the
jurisdiction and control of this state or a local political subdivision thereof designated for use by personal transportation vehicle drivers." "(57) 'Sidewalk' means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, primarily intended for use by pedestrians."

SECTION 2. Said title is further amended in Article 13 of Chapter 6, relating to special provisions for certain vehicles, by revising Part 2A, relating to personal assistive mobility devices, as follows:

"Part 2A

40-6-320. (a) Electric personal assistive mobility devices and personal delivery devices may be operated on highways and on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities, provided that any person operating such devices shall have the same rights and duties as prescribed for pedestrians in Article 5 of this chapter when operating upon a sidewalk and as prescribed for motor vehicles in this chapter when operating upon a highway except as otherwise provided in this part to the contrary. When either an electric personal assistive mobility device or personal delivery device encounters a pedestrian or individual in a wheelchair upon a sidewalk, the operator of such device shall yield the right of way to the pedestrian or individual in a wheelchair.
(b)(1) No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:
(A) The maximum speed limit of the roadway is 35 miles per hour or less; or (B) The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane. (2) Operation of a personal delivery device upon any highway shall be with due regard to safety and traffic considerations and limited to: (A) Highways which are not limited-access highways with a maximum speed limit of 45 miles per hour or less; and (B) The bicycle lane, bicycle path, shared use path, shoulder, or as close as practicable to the extreme right of the roadway unless crossing a roadway at a crosswalk or intersection or avoiding an object or a parked vehicle. (c) When traveling on any roadway of a highway other than a crosswalk, a person operating an electric personal assistive mobility device or a personal delivery device shall travel in the same direction authorized for motor vehicle traffic on such roadway.

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40-6-321. Any person operating an electric personal assistive mobility device or a personal delivery device on a sidewalk or roadway shall comply with the requirements of this part or any local ordinance regulating the use of such devices pursuant to Code Section 40-6-371 and shall exercise due care to avoid colliding with, and shall yield the right of way to, persons traveling on foot. A personal delivery device shall emit a sound when approaching and within six feet of a vehicle, person on foot, or individual in a wheelchair.

40-6-322. (a) No person shall operate an electric personal assistive mobility device at a speed greater than seven miles per hour when traveling on any sidewalk or 15 miles per hour elsewhere; provided, however, that a county or municipal governing authority or the commissioner of transportation may further restrict the speed of such devices in locations where pedestrian traffic is congested and there is a significant speed differential between pedestrians and operators of such devices. (b) Operation of a personal delivery device shall be limited to:
(1) A speed of no greater than 20 miles per hour when upon a bicycle lane, shoulder, or roadway; (2) A speed of no greater than four miles per hour when upon a sidewalk or within a shared use path or safety zone; and (3) A speed of no less than 3.5 feet per second and no more than four miles per hour when within a crosswalk.

40-6-323. (a) An electric personal assistive mobility device or a personal delivery device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall an electric personal assistive mobility device be parked on any sidewalk in such a manner as to prevent the movement of a wheelchair. (b) An electric personal assistive mobility device or a personal delivery device shall not be parked on any roadway in such a manner as to prevent the movement of a legally parked motor vehicle. (c) Except as otherwise provided in this Code section, a personal delivery device operator or any person operating an electric personal assistive mobility device shall be subject to the same parking restrictions as provided for motor vehicles under Part 1 of Article 10 of this chapter. All violations of parking restrictions shall be the responsibility of a personal delivery device owner or the owner of an electric personal assistive mobility device; and, for purposes of parking restrictions, the owner of an electric personal assistive mobility device and a personal delivery device owner shall be deemed to be in control of the device at the time of a parking violation involving such device, and no evidence of actual control by such owner need be proven as an element of the offense.

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40-6-324. No person shall carry or transport any hazardous materials on an electric personal assistive mobility device or a personal delivery device. Oxygen carried for personal medical reasons shall not be deemed a hazardous material for purposes of this Code section.

40-6-325. (a)(1) Any electric personal assistive mobility device, when operated on any highway or sidewalk, shall be equipped with: (A) Front, rear, and side reflectors which shall be visible from a distance of 300 feet when directly in front of lawful upper beams of headlights on a motor vehicle; (B) A system that when employed will enable the operator to bring the device to a controlled stop; and (C) A lamp emitting a white light which, while the device is in motion, illuminates the area in front of the operator for a distance of 300 feet, if the device is operated between one-half hour after sunset and one-half hour before sunrise. (2) Any personal delivery device, when operated on any highway or sidewalk, shall be equipped with: (A) A braking system that enables the device to come to a controlled stop; (B) Lights upon the front and rear of the device that are visible under normal atmospheric conditions from at least 500 feet on all sides of the device, if the device is operated between one-half hour after sunset and one-half hour before sunrise; and (C) A prominently displayed unique identification number and a contact phone number for the personal delivery device owner which shall be answered by an individual located within this state at any time when the device is in operation; provided, however, that nothing in this subparagraph shall subject a personal delivery device to motor vehicle registration requirements of Chapter 2 of this title or any local ordinance or regulation requiring registration of such devices.
(b) No person under the age of 16 years shall operate an electric assistive personal mobility device on any highway; provided, however, that a person under the age of 16 years may operate an electric assistive personal mobility device on any sidewalk if such person is wearing protective headgear which meets or exceeds the impact standards for bicycle helmets required by Code Section 40-6-296.

40-6-326. Any person who is under the influence of any intoxicating liquor or any drug to a degree which renders him or her a hazard shall not operate any electric personal assistive mobility device on any highway or sidewalk. Violation of this Code section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $500.00.

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40-6-327. (a) A personal delivery device shall be monitored by an individual who is capable of exercising control over the navigation and operation of the personal delivery device at any point in time such device is operating upon highways or sidewalks. (b) A personal delivery device owner shall maintain general liability coverage for any personal delivery device operated upon a highway or sidewalk of this state of at least $250,000.00 for damages arising from the operation of the personal delivery device.

40-6-328. When an accident involves a personal delivery device, the requirements of Code Sections 40-6-270, 40-6-271, 40-6-272, 40-6-273, and 40-6-273.1 shall be satisfied if such personal delivery device remains on the scene of such accident as required by law and the personal delivery device operator promptly contacts a local law enforcement agency and communicates the information required by this chapter.

40-6-329. (a) Any person who violates any provision of this part relating to an electric personal assistive mobility device other than Code Section 40-6-326 shall not be guilty of a criminal offense or a moving traffic violation for purposes of Code Section 40-5-57 but shall be subject to a civil monetary penalty not to exceed $500.00. (b) Any violation of this part by a personal delivery device shall not be a criminal offense or a moving traffic violation for purposes of Code Section 40-5-57 but shall be subject to a civil monetary penalty not to exceed $500.00. Any citation for a violation of this part or any other laws or ordinances relating to the operation of a personal delivery device shall be issued to the personal delivery device owner by use of the information displayed on the unique identification marker on the device. (c) Any court having jurisdiction over violations relating to the operation of a motor vehicle shall have jurisdiction over cases arising under this part and shall be authorized to impose the civil monetary penalty provided by this Code section. Except as otherwise provided in this Code section, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations relating to the operation of a motor vehicle shall apply to enforcement under this Code section; provided, however, that any appeal from a superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35.

40-6-329.1. (a) Except as otherwise provided for in this article and subsections (b) and (c) of this Code section, local authorities shall not enact or enforce an ordinance or resolution relating to:
(1) Design, manufacture, or maintenance of a personal delivery device; (2) Licensing, registration, or certification of a personal delivery device;

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(3) Any additional taxation upon a personal delivery device other than any property tax charges, business license fees, or occupation tax surcharges otherwise authorized by law; (4) Insuring a personal delivery device beyond the requirements set forth in Code Section 40-6-327; (5) Types of cargo that may be transported by a personal delivery device; (6) Operations of personal delivery devices; or (7) Use of or restricted access to any sidewalk, crosswalk, or public highway. (b) For the purpose of assuring the safety of individuals using highways, sidewalks, bicycle lanes, bicycle paths, and shared use paths a local authority shall be authorized to enact ordinances prohibiting hours of operation of personal delivery devices upon sidewalks, bicycle lanes, bicycle paths, and shared use paths under their jurisdiction, provided that restrictions do not prohibit the operation of personal delivery devices between sunrise and sunset. A local authority shall be further authorized to enact ordinances prohibiting the operation of personal delivery devices upon the property of schools, hospitals, and sidewalks immediately adjacent to stadiums, coliseums, or buildings owned, operated or leased by the federal government, the State of Georgia or its agencies or authorities, or any political subdivision of the state, provided that such property or sidewalk is owned or maintained by the local authority. (c) Any local authority shall be authorized to enact an ordinance or resolution which designates a geographically limited area within the jurisdiction of such authority and which regulates the operation of personal delivery devices upon highways, sidewalks, bicycle lanes, bicycle paths, and shared use paths within such geographically limited area, provided that such regulations are no more restrictive than those imposed by this part and the geographically limited area is no greater than seven linear miles. (d) A local authority shall provide for public hearing prior to passage of any ordinance pursuant to subsection (b) or (c) of this Code section. (e) For purposes of this Code section, a highway shall be considered under the jurisdiction of a local authority when it is part of the county or municipal road system of such local authority designated pursuant to Chapter 4 of Title 32.

40-6-329.2. No personal delivery device shall be operated within a surface transportation project as such term is defined in Code Section 36-61-2."

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

Approved May 2, 2022.

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STATE GOVERNMENT ONEGEORGIA AUTHORITY ACT; PROVIDES FOR GRANT PROGRAM TO ESTABLISH PRIMARY CARE MEDICAL FACILITIES IN HEALTH PROFESSIONAL SHORTAGE AREAS.

No. 815 (House Bill No. 1042).

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 establish primary care medical facilities in health professional shortage areas; to provide for lease-purchase agreements; to provide for definitions; to provide for criteria for such program; to provide for application and approval thereof; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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:
"50-34-20. (a) As used in this Code section, the term:
(1) 'Mental health care provider' means: (A) A clinical nurse specialist in psychiatric/mental health 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; (B) A clinical social worker authorized to practice under the laws of this state; (C) A marriage and family therapist authorized to practice under the laws of this state; (D) A professional counselor authorized to practice under the laws of this state; (E) A psychologist authorized to practice under the laws of this state; and (F) A psychiatrist authorized to practice under the laws of this state.
(2) 'Primary care medical facility' means any facility where the majority of the services provided are primary care, dental, or mental health services. (3) 'Primary care medical provider' means any person authorized under the laws of this state to practice as a dentist, physician, or mental health care provider. (b) Subject to available funding, the authority shall establish and administer a grant program which shall serve the purpose of awarding grants to eligible applicants to establish primary care medical facilities in health professional shortage areas as designated by the Department of Community Health.

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(c) Any development authority established pursuant to Chapter 62 of Title 36 shall be eligible to apply for such a grant provided that, prior to application, the local governing bodies that created such authority have endorsed the proposed project in writing and have pledged to contribute to the project as prescribed by the rules and regulations of the authority. (d) To the extent permitted by Chapter 62 of Title 36, a development authority may:
(1) Enter into a lease-purchase agreement with one or more primary care medical providers to lease and operate the primary care medical facility established with funds provided pursuant to this Code section; and (2) Convey any remaining ownership interest in such facility to such primary care medical providers who have provided services at the facility under such lease-purchase agreement for at least ten years. (e) The amount of any grant awarded pursuant to this Code section shall not exceed $200,000.00 and 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) Primary care shortage in the community; (2) Degree of local commitment; (3) Consistency with local and regional healthcare goals and objectives; (4) Project readiness and feasibility; (5) Geographic distribution of existing primary care facilities; and (6) Reasonableness of cost estimates. (f) All applications for grants under this Code section shall include a recommendation from the Department of Community Health that the proposed project will significantly develop and promote a primary care medical facility and promote the general welfare of this state. (g) After reviewing an application, the authority shall submit any pending grant award to the Governor and the Board of Community Health for approval before such grant shall be awarded. (h) 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 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2022.

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PROFESSIONS AND BUSINESSES STATE BOARD OF NURSING HOME ADMINISTRATORS; REVISES COMPOSITION OF BOARD.

No. 816 (House Bill No. 1049).

AN ACT

To amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to revise the composition of the State Board of Nursing Home Administrators; 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 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by revising Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administrators and its members, as follows:
"43-27-2. (a) There is created the State Board of Long-Term Care Facility Administrators, which, on and after June 30, 2022, shall consist of eleven members. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) Four members who are nursing home administrators in this state, at least one of whom shall represent nonproprietary nursing homes; (2) Four members, each of whom are either a personal care home administrator or an assisted living community administrator; provided, however, that on and after July 1, 2021, all successor members appointed pursuant to this paragraph shall be either a licensed personal care home administrator or a licensed assisted living community administrator; (3) Two members of the public at large who are not personal care home administrators, assisted living community administrators, or nursing home administrators or pecuniarily interested in any personal care home, assisted living community, or nursing home, or have any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and (4) One member who is a health care professional with at least a bachelor's degree, experience in elder care, and knowledge in dementia care and who is not a personal care home administrator, an assisted living community administrator, or a nursing home administrator or pecuniarily interested in any personal care home, assisted living community, or nursing home, or has any connection with the personal care home, assisted living community, or nursing home industry whatsoever.

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(b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17, including removal for failing to attend three meetings in one calendar year. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position."

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

Approved May 2, 2022.

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EDUCATION PREVENTS CREATION OF FREE SPEECH ZONES IN PUBLIC COLLEGES AND UNIVERSITIES.

No. 818 (House Bill No. 1).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education generally, so as to provide for public forums at public institutions of higher education within the University System of Georgia and the Technical College System of Georgia for the campus community; to prevent the creation of "free speech zones" at such public institutions of higher education; to allow for reasonable, content- and viewpoint-neutral, and narrowly tailored time, place, and manner restrictions on expressive activity at public institutions of higher education; to prohibit material and substantial disruption of protected expressive activity at public institutions of higher education; to require public institutions of higher education to provide public notice of rules and expectations regarding expressive activity; to require public institutions of higher education to develop materials, programs, and procedures related to expressive activity; to provide for a short title; to 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 20 of the Official Code of Georgia Annotated, relating to education generally, is amended by repealing Code Section 20-3-48, relating to adoption of free speech and expression regulations and disciplinary sanctions for interfering with rights, and enacting a new Code Section 20-3-48 to read as follows:

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"20-3-48. (a) This part shall be known and may be cited as the 'Forming Open and Robust University Minds (FORUM) Act.' (b) As used in this part, the term:
(1) 'Campus community' means students, administrators, faculty, and staff at the public institution of higher education and their invited guests. (2) 'Materially and substantially disrupts' means when a person intentionally engages in conduct or expressive activity which such person knew or reasonably should have known would significantly hinder another person's or group's expressive activity, prevent the communication of the person's or group's message, or prevent the transaction of the business of a lawful meeting, gathering, or procession by:
(A) Engaging in fighting, violent, or other unlawful behavior; or (B) Physically blocking, using threats of violence, or creating loud or sustained noise or vocalization intended to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity. Conduct or expressive activity shall not be considered a material or substantial disruption if it is protected under the Georgia Constitution or the First Amendment to the United States Constitution, including, but not limited to, lawful protests in an unrestricted outdoor area of campus (except during times when those areas have been reserved in advance for other events) or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration. (3) 'Public institution of higher education' or 'institution' means any college or university under the management and control of the Board of Regents of the University System of Georgia. (4) 'Student' means any person who is enrolled on a full-time or part-time basis in a public institution of higher education. (5) 'Student-on-student harassment' means unwelcome conduct or expressive activity directed at a student that is so severe, pervasive, and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the public institution of higher education. This term shall not apply to or govern any employment policy of a public institution of higher education relating to harassment. (6) 'Student organization' means any association, club, fraternity, society, sorority, or organized group of students, whether academic, athletic, political, social, or otherwise, that is officially recognized by a public institution of higher education. (7) 'Unrestricted outdoor area of campus' means any outdoor area of campus that is generally accessible to members of the campus community, including, but not limited to, grassy areas, walkways, or other common areas, and does not include outdoor areas when and where access to members of the campus community is lawfully restricted. (c) Unrestricted outdoor areas of campuses of public institutions of higher education in this state shall be deemed public forums for the campus community, and public institutions of

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higher education shall not create 'free speech zones' or other designated areas of campus outside of which expressive activities are prohibited for the campus community. (d) Public institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions for the campus community narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression. Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble and distribute literature. Nothing in this Code section shall be interpreted as limiting the right of student expression elsewhere on campus. (e) Protected expressive activity under this part consists of speech and other conduct protected by the First Amendment to the United States Constitution, including, but not limited to, lawful verbal, written, audio-visual, or electronic expression by which individuals may communicate ideas to one another, including all forms of peaceful assembly, distributing literature, carrying signs, circulating petitions, demonstrations, protests, and speeches including those by guest speakers. (f) Any person who wishes to engage in noncommercial expressive activity in an unrestricted outdoor area of campus shall be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the public institution of higher education, subject to restrictions lawfully imposed under subsections (c) and (d) of this Code section. Nothing in this Code section shall be construed to make the unrestricted areas of campus into a designated public forum for persons who are not members of the campus community. (g) Nothing in this part shall be interpreted as preventing public institutions of higher education from prohibiting student-on-student harassment as defined in this part; from complying with federal and state laws prohibiting discrimination and harassment; or from prohibiting, limiting, or restricting expression that is not protected under the Georgia Constitution or the First Amendment to the United States Constitution, including, but not limited to, true threats or expressive activity directed to provoke imminent lawless actions and likely to produce it. (h) Nothing in this part shall enable individuals to engage in conduct that materially and substantially disrupts another's expressive activity that is occurring in an unrestricted outdoor area of campus or a campus space reserved for that activity under the exclusive use or control of a particular group. (i) Public institutions of higher education shall make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations, and expectations of students regarding free expressive activity on campus consistent with this part. (j) Public institutions of higher education shall develop materials, programs, and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and

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professors, understand the policies, regulations, and duties of public institutions of higher education regarding expressive activity on campus consistent with this part."

SECTION 2. Said title is further amended by revising Code Section 20-3-48.1, relating to annual report by board of regents, as follows:
"20-3-48.1. The board of regents shall make and publish an annual report and provide a copy to the Governor and each chamber of the General Assembly on July 1 of each year addressing the following from the previous calendar year:
(1) Any barriers to, or disruptions of, free expression within public institutions of higher education; (2) Administrative response and discipline relating to violation of regulations and policies established pursuant to Code Section 20-3-48; (3) Actions taken by public institutions of higher education, including difficulties, controversies, or successes, in maintaining a posture of administrative and institutional neutrality with regard to political or social issues; and (4) Any assessments, criticisms, commendations, or recommendations the board of regents deems appropriate to further include in the report."

SECTION 3. Said title is further amended by repealing Code Section 20-3-48.2, relating to reasonable time, place, and manner restrictions on speech.

SECTION 4. Said title is further amended in Article 2 of Chapter 4, relating to technical and adult education, by adding a Code section to read as follows:
"20-4-11.1. (a) As used in this Code section, the term:
(1) 'Campus community' means students, administrators, faculty, and staff at the public institution of higher education and their invited guests. (2) 'Materially and substantially disrupts' means when a person intentionally engages in conduct or expressive activity which such person knew or reasonably should have known would significantly hinder another person's or group's expressive activity, prevent the communication of the person's or group's message, or prevent the transaction of the business of a lawful meeting, gathering, or procession by:
(A) Engaging in fighting, violent, or other unlawful behavior; or (B) Physically blocking, using threats of violence, or creating loud or sustained noise or vocalization intended to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.

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Conduct or expressive activity shall not be considered a material or substantial disruption if it is protected under the Georgia Constitution or the First Amendment to the United States Constitution, including, but not limited to, lawful protests in an unrestricted outdoor area of campus (except during times when those areas have been reserved in advance for other events) or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration. (3) 'Public institution of higher education' or 'institution' means any postsecondary technical school or other postsecondary branch of the Technical College System of Georgia. (4) 'Student' means any person who is enrolled on a full-time or part-time basis in a public institution of higher education. (5) 'Student-on-student harassment' means unwelcome conduct or expressive activity directed at a student that is so severe, pervasive, and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the public institution of higher education. This term shall not apply to or govern any employment policy of a public institution of higher education relating to harassment. (6) 'Student organization' means any association, club, fraternity, society, sorority, or organized group of students, whether academic, athletic, political, social, or otherwise, that is officially recognized by a public institution of higher education. (7) 'Unrestricted outdoor area of campus' means any outdoor area of campus that is generally accessible to members of the campus community, including, but not limited to, grassy areas, walkways, or other common areas, and does not include outdoor areas when and where access to members of the campus community is lawfully restricted. (b) Unrestricted outdoor areas of campuses of public institutions of higher education in this state shall be deemed public forums for the campus community, and public institutions of higher education shall not create 'free speech zones' or other designated areas of campus outside of which expressive activities are prohibited for the campus community. (c) Public institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions for the campus community narrowly tailored in service of a significant institutional interest only when such restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression. Any such restrictions shall allow for members of the campus community to spontaneously and contemporaneously assemble and distribute literature. Nothing in this Code section shall be interpreted as limiting the right of student expression elsewhere on campus. (d) Protected expressive activity under this Code section consists of speech and other conduct protected by the First Amendment to the United States Constitution, including, but not limited to, lawful verbal, written, audio-visual, or electronic expression by which individuals may communicate ideas to one another, including all forms of peaceful assembly, distributing literature, carrying signs, circulating petitions, demonstrations, protests, and speeches including those by guest speakers.

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(e) Any person who wishes to engage in noncommercial expressive activity in an unrestricted outdoor area of campus shall be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the public institution of higher education, subject to restrictions lawfully imposed under subsections (c) and (d) of this Code section. Nothing in this Code section shall be construed to make the unrestricted areas of campus into a designated public forum for persons who are not members of the campus community. (f) Nothing in this Code section shall be interpreted as preventing public institutions of higher education from prohibiting student-on-student harassment as defined in this Code section; from complying with federal and state laws prohibiting discrimination and harassment; or from prohibiting, limiting, or restricting expression that is not protected under the Georgia Constitution or the First Amendment to the United States Constitution, including, but not limited to, true threats or expressive activity directed to provoke imminent lawless actions and likely to produce it. (g) Nothing in this Code section shall enable individuals to engage in conduct that materially and substantially disrupts another's expressive activity that is occurring in an unrestricted outdoor area of campus or a campus space reserved for that activity under the exclusive use or control of a particular group. (h) Public institutions of higher education shall make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations, and expectations of students regarding free expressive activity on campus consistent with this Code section. (i) Public institutions of higher education shall develop materials, programs, and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and professors, understand the policies, regulations, and duties of public institutions of higher education regarding expressive activity on campus consistent with this Code section. (j) The State Board of the Technical College System of Georgia shall make and publish an annual report and provide a copy to the Governor and each chamber of the General Assembly on July 1 of each year addressing the following from the previous calendar year:
(1) Any barriers to, or disruptions of, free expression within public institutions of higher education; (2) Administrative response and discipline relating to violation of regulations and policies established pursuant to Code Section 20-3-48; (3) Actions taken by public institutions of higher education, including difficulties, controversies, or successes, in maintaining a posture of administrative and institutional neutrality with regard to political or social issues; and (4) Any assessments, criticisms, commendations, or recommendations the board of regents deems appropriate to further include in the report."

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SECTION 5. This Act shall become effective on July 1, 2022.

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

Approved May 3, 2022.

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STATE GOVERNMENT PROHIBITS STATE AND LOCAL GOVERNMENTS FROM MANDATING COVID-19 VACCINE PASSPORTS.

No. 819 (Senate Bill No. 345).

AN ACT

To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to prohibit state and local governments from mandating COVID-19 vaccine passports; to provide for exceptions; to provide for definitions; to provide for related matters; to provide for automatic repeal; 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 regarding state government, is amended by adding a new Code section to read as follows:
"50-1-11. (a) As used in this Code section, the term:
(1) 'Agency' means: (A) Every state department, agency, board, bureau, office, commission, public corporation, and authority; (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

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(D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any mutation or viral fragments thereof, or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which was the subject of the public health state of emergency declared by the Governor on March 14, 2020. (b)(1) No agency shall require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, issuing any license, permit, or other type of authorization, or performing any duty of such agency. (2) No agency, through any rule, regulation, ordinance, resolution, or other action shall require that any person or private entity require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, or as a condition of such person or private entity's performance of any regular activity by such person or private entity. (c) This Code section shall not apply if compliance with this Code section would require an agency to violate one or more regulations of the federal Centers for Medicare and Medicaid Services or any federal contractual terms applying to workplace locations in which one or more individuals are working on or in connection with a federal government contract. (d) This Code section shall stand repealed by operation of law on June 30, 2023."

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

Approved May 3, 2022.

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COMMERCE AND TRADE DISCLOSURES BY THIRD-PARTY HIGH-VOLUME SELLERS OF CONSUMER PRODUCTS ON ONLINE MARKETPLACES; REQUIRES ONLINE MARKETPLACES TO PROVIDE CERTAIN NOTIFICATIONS AND CONSUMER REPORTING MECHANISM.

No. 820 (Senate Bill No. 332).

AN ACT

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 certain disclosures by third-party high-volume

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sellers of consumer products on online marketplaces; to provide for definitions; to require online marketplaces to provide certain notifications and a consumer reporting mechanism; to provide remedies for violations; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Inform Consumers Act."

SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows:

"ARTICLE 35

10-1-930. (a) As used in this article, the term:
(1) 'Consumer product' means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes, including, but not limited to, any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed. (2) 'High-volume third-party seller' means a participant in an online marketplace that is a third-party seller and that, in any continuous 12 month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products of an aggregate total of $5,000.00 or more in gross revenues in this state made through the online marketplace and for which payment was processed by the online marketplace or through a third party. (3) 'Online marketplace' means any person or entity that operates a consumer-directed, electronically based or accessed platform that:
(A) Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product within this state; (B) Is used by one or more third-party sellers for such purpose; and (C) Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (4) 'Seller' means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform. (5) 'Third-party seller' means any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through an online

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marketplace. The term 'third-party seller' does not include, with respect to an online marketplace:
(A) A seller that operates the online marketplace's platform; or (B) A business entity that has:
(i) Made available to the general public the entity's name, business address, and working contact information; (ii) An ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and (iii) Provided to the online marketplace the identity information required under subsection (a) of Code Section 10-1-931 that has been verified in accordance with subsection (d) of Code Section 10-1-931. (6) 'Verify' means to confirm information and documents provided to an online marketplace pursuant to this article through the use of one or more methods that enable an online marketplace to reliably determine that any such information and documents provided are valid, correspond to the seller or an individual acting on the seller's behalf, are not misappropriated, and are not falsified.

10-1-931. (a) An online marketplace shall require any high-volume third-party seller on its platform to provide, not later than ten days after qualifying as such, the following information to the online marketplace:
(1) A bank account number or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain such information; provided, however, that the online marketplace ensures that it can obtain such information on demand from the third party; (2) Contact information, which shall include:
(A) If the high-volume third-party seller is an individual, such individual's name; or (B) If the high-volume third-party seller is not an individual, then:
(i) A copy of a valid government issued identification for an individual acting on behalf of such seller that includes the individual's name; or (ii) A copy of a valid government issued record or tax document that includes the business name and physical address of the high-volume third-party seller; (3) A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number; and (4) A current working email address and telephone number for the high-volume third-party seller. (b) An online marketplace shall:

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(1) Periodically, but not less than annually, notify each high-volume third-party seller on its platform of the requirement to keep current the information required under subsection (a) of this Code section; and (2) Require each high-volume third-party seller on its platform to, not later than ten days after receiving the notice under paragraph (1) of this subsection, electronically certify as to the information required under subsection (a) of this Code section that:
(A) The high-volume third-party seller has provided any changes to such information, if any such changes have occurred; (B) There have been no changes to such information; or (C) The high volume third-party seller has previously provided any changes to such information to the online marketplace. (c) In the event that a high-volume third-party seller does not provide the information or certification required under this Code section, the online marketplace shall, after providing such seller with written or electronic notice and an opportunity to provide such information or certification not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification. (d)(1) An online marketplace shall verify: (A) The information and documents collected under subsection (a) of this Code section not later than ten days after such collection; and (B) Any change in such information or to such documents not later than ten days after being notified of such change by a high-volume third-party seller under subsection (b) of this Code section. (2) If a high-volume third-party seller provides a copy of a valid government issued tax document, any information contained within such tax document shall be presumed to be verified as of the date such document was issued.

10-1-932. (a) Except as provided in subsection (b) of this Code section, an online marketplace shall require any high-volume third-party seller with an aggregate total of $20,000.00 or more in annual gross revenues on its platform to provide to the online marketplace and disclose to consumers in a clear and conspicuous manner the following identity information:
(1) Full name of the high-volume third-party seller, including the high-volume third-party seller's name or company name or the name by which such seller or company operates on the online marketplace; (2) Physical address of the high-volume third-party seller; (3) Contact information for the high-volume third-party seller that will allow for direct, unhindered communication with such seller by consumers of the online marketplace, including:
(A) A current working telephone number; (B) A current working email address; or

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(C) Other means of direct electronic messaging, which may be provided to such high-volume third-party seller by the online marketplace; provided, however, that the requirements of this paragraph shall not prohibit the online marketplace from preventing actual fraud, abuse, or spam through such communication; and (4) Whether the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in paragraphs (1) through (3) of this subsection relating to any such seller that is different than the high-volume third-party seller listed on the product listing page prior to purchase. Such identity information shall be provided on the product listing page, directly or via hyperlink or, after the purchase is finalized, in the order confirmation message or other document or communication made to a consumer and in the consumer's account transaction history. (b) Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identity information required under subsection (a) of this Code section if the high-volume third-party seller certifies to the online marketplace that such seller: (1) Does not have a business address and only has a residential street address, or has a combined business and residential address, then the online marketplace: (A) Shall disclose only the country and, if applicable, the city and state in which such seller resides; and (B) Shall inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries should be submitted to such seller by telephone, email, or other means of electronic messaging provided to such seller by the online marketplace; (2) Is a business that has a physical address for product returns, then the online marketplace shall disclose such seller's physical address for product returns; or (3) Does not have a telephone number other than a personal telephone number, then the online marketplace shall inform consumers that there is no telephone number available for such seller and that consumer inquiries should be submitted to such seller's email address or other means of electronic messaging provided to such seller by the online marketplace. (c) If an online marketplace becomes aware that a high-volume third-party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure of the identity information under subsection (b) of this Code section, or that a high-volume third-party seller that has requested and received such a provision for a partial disclosure has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by telephone, email, or other means of electronic messaging provided to such seller by the online marketplace, then, after providing the high-volume third-party seller with written or electronic notice and an opportunity to

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respond not later than ten days after the issuance of such notice, the online marketplace shall suspend any future sales activity of the high-volume third-party seller unless such seller consents to the disclosure of the identity information required under subsection (a) of this Code section. (d) If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this Code section, then, after providing such seller with written or electronic notice and an opportunity to provide or disclose such information not later than ten days after the issuance of such notice, the online marketplace shall suspend any future sales activities of such seller until the seller complies with such requirements.

10-1-933. An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third-party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.

10-1-934. (a) Information or documents collected solely to comply with the requirements of this article shall not be used for any other purpose unless required by law. (b) An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected to comply with the requirements of this article from unauthorized use, disclosure, access, destruction, or modification.

10-1-935. (a) If the Attorney General has reason to believe that any online marketplace has violated or is violating this article and such violation affects one or more residents of this state, the Attorney General may bring a civil action in any appropriate court to:
(1) Enjoin further such violation by the defendant; (2) Enforce compliance with this article; (3) Obtain damages, restitution, or other compensation on behalf of the residents of this state; and (4) Obtain other remedies permitted under state law. (b) Any violation of this article shall additionally be a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975'; provided, however, that only public remedies as administered by the Attorney General shall be available under such part for violations of this article. (c) Nothing in this article shall be construed to prohibit any district attorney, law enforcement officer, official, or agency of this state from initiating or continuing any

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proceeding in a court against an online marketplace for a violation of any other civil law or a criminal law of this state."

SECTION 3. This Act shall become effective on January 1, 2023.

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

Approved May 4, 2022.

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STATE GOVERNMENT PROHIBITS COMPANIES OWNED OR OPERATED BY RUSSIA OR BELARUS TO BID ON OR SUBMIT PROPOSAL FOR STATE CONTRACT.

No. 821 (Senate Bill No. 562).

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure of the Department of Administrative Services, so as to prohibit companies owned or operated by Russia or Belarus to bid on or submit a proposal for a state contract; to provide for definitions; to provide for certifications; to provide penalties for false certifications; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure of the Department of Administrative Services, is amended by adding a new Code section to read as follows:
"50-5-84.1. (a) As used in this Code section, the term:
(1) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned

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subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (2) 'Government of Belarus' means the Republic of Belarus. (3) 'Government of Russia' means the Russian Federation. (4) 'Scrutinized company' means any company owned or operated by the government of Russia or the government of Belarus. (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (c) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company. (d) If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Department of Administrative Services shall terminate the contract with the company; and (3) The company shall be ineligible to, and shall not, bid on a state contract."

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

Approved May 4, 2022.

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STATE GOVERNMENT PROHIBITS COMPANIES OWNED OR OPERATED BY CHINA TO BID ON OR SUBMIT PROPOSAL FOR STATE CONTRACT.

No. 822 (Senate Bill No. 346).

AN ACT

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure of the Department of Administrative Services, so as to prohibit companies owned or operated by China to bid on or submit a proposal for a state contract; to provide for definitions; to provide for certifications; to provide penalties for false certifications; 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 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure of the Department of Administrative Services, is amended by adding a new Code section to read as follows:
"50-5-84.1. (a) As used in this Code section, the term:
(1) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (2) 'Government of China' means the People's Republic of China led by the Chinese Communist Party. (3) 'Scrutinized company' means any company owned or operated by the Government of China. (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (c) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company. (d) If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Department of Administrative Services shall terminate the contract with the company; and (3) The company shall be ineligible to, and shall not, bid on a state contract."

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

Approved May 4, 2022.

GEORGIA LAWS 2022 SESSION

569

LABOR AND INDUSTRIAL RELATIONS PROHIBITS REGULATION OF EMPLOYEE WORK HOURS, SCHEDULING, AND OUTPUT BY LOCAL GOVERNMENT ENTITIES.

No. 823 (Senate Bill No. 331).

AN ACT

To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage law, so as to prohibit the regulation of employee work hours, scheduling, and output by local government entities; to provide for exceptions; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Protecting Georgia Businesses and Workers Act."

SECTION 2. Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage law, is amended by revising Code Section 34-4-3.1, relating to wages and employment benefits by local government entities, as follows:
"34-4-3.1. (a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer. (2) 'Employer' means any person or entity that employs one or more employees. (3) 'Employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits. (4) 'Local government entity' means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission. (5) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons. (6) 'Wage or employment benefit mandate' means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage

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rate or provide employment benefits not otherwise required under this Code or federal law. (b)(1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted. (2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate. (3) Any local government entity may offer its own employees employment benefits. (c) No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. (d)(1) No local government entity may adopt, maintain, or enforce by charter, ordinance, regulation, rule, or resolution the hours or scheduling that an employer is required to provide employees or otherwise regulate employee output during work hours. (2) Any local government entity may set and regulate such hours, scheduling, and output for its own employees and for the provision of services, including, but not limited to, those related to the supplementary powers given to local governments in Article IX, Section II, Paragraph III of the Constitution of this state. (3) Nothing in this subsection shall prohibit a local government entity from regulating or limiting the hours a business may operate."

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, 2022.

GEORGIA LAWS 2022 SESSION

571

REVENUE AND TAXATION REVISES REQUIREMENT THAT AFFILIATED CORPORATIONS FILE SEPARATE INCOME TAX RETURNS; ELECTION TO FILE SEPARATE OR CONSOLIDATED INCOME TAX RETURNS.

No. 824 (House Bill No. 1058).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as remove the requirement that affiliated corporations file separate income tax returns with this state unless the Department of Revenue has requested or preapproved the filing of consolidated returns; to authorize Georgia affiliated groups to elect to file separate or consolidated income tax returns; to provide for the effect of such elections; to provide for tax liability, allocation, and apportionment; to make such election irrevocable for five years; to authorize affiliated groups that have filed consolidated returns to continue under the current law; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in Code Section 48-7-21, relating to income taxation of corporations, by revising division (7)(A)(i) of subsection (b) and by adding a new paragraph to read as follows:
"(A)(i) Affiliated corporations which file a consolidated federal income tax return must file separate income tax returns with this state unless they elect to file a consolidated return as provided in paragraph (7.1) of this subsection." "(7.1)(A) As used in this paragraph, the term: (i) 'Georgia affiliated group' means a group of corporations of which each member:
(I) Is a member of an affiliated group as defined in 26 U.S.C. Section 1504, provided that such affiliated group files a federal consolidated corporate income tax return; (II) Is subject to taxation under this chapter; (III) Is subject to taxation in Georgia, even after the application of Public Law 86-272 (15 U.S.C. Sections 381-384); (IV) Has the same taxable year; (V) Was a member of the affiliated group for the entire taxable year or was a member of the affiliated group for a portion of the taxable year if the member was subject to taxation under subsection (a) of this Code section during the entire

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portion of the taxable year during which it was not a member of the federal consolidated group; (VI) Apportions Georgia taxable income or loss separately for each corporation, unless the member is subject to paragraph (1) of subsection (b) of Code Section 48-7-31; (VII) Allocates taxable income or loss separately for each corporation in accordance with Code Section 48-7-31; (VIII) Computes apportionable income or loss utilizing separate apportionment factors for each corporation in accordance with Code Section 48-7-31, unless the member is subject to paragraph (1) of subsection (b) of Code Section 48-7-31; and (IX) Combines and reports taxable income or loss on a single return for the Georgia affiliated group which includes all members of the affiliated group included on the federal consolidated corporate income tax return that are eligible under this Code section to be included in the Georgia affiliated group. (ii) 'Georgia consolidated return' means a Georgia corporate income tax return filed on behalf of the members of a Georgia affiliated group in accordance with this Code section pursuant to the election made under this subsection. (B) A Georgia affiliated group may elect to file a Georgia consolidated return on an originally filed return, including extensions, if applicable. Under no circumstances may the department compel a taxpayer to file a Georgia consolidated return if the taxpayer has not so elected. (C) For purposes of allocation and apportionment, each member of a Georgia affiliated group shall be considered a separate taxpayer, and any taxable loss of a member of a Georgia affiliated group shall be deductible against the taxable income of any other member of the Georgia affiliated group only if and to the extent such loss is apportioned and allocated to Georgia. (D) The tax liability of the Georgia affiliated group shall be determined by applying the rate specified in subsection (a) of this Code section to the group's taxable income. The separate taxable income or loss of each corporation in the Georgia affiliated group shall be included in the consolidated taxable income or loss to the extent that its taxable income or loss is separately apportioned or allocated to the State of Georgia, as computed and determined in accordance with this chapter. (E) Each corporation in a Georgia affiliated group that files a Georgia consolidated return shall be jointly and severally liable for the group's Georgia income tax liability with respect to the taxable year, except that any corporation which was not a member of the Georgia affiliated group for the entire taxable year shall be jointly and severally liable only for the portion of the tax liability attributable to that part of the year during which the corporation was a member, prorated on a daily basis. (F) The election provided for in this subsection is irrevocable and is binding on both the department and the Georgia affiliated group for a period of five years without modification, notwithstanding the powers granted to the department under this title. At

GEORGIA LAWS 2022 SESSION

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the end of the five-year period of filing a Georgia consolidated return, the taxpayer's election shall be automatically terminated. Upon the automatic termination of such election, the taxpayer may reelect to file a Georgia consolidated return. (G) Notwithstanding subparagraph (F) of this paragraph, due to the material change in the law and the procedure for qualification as a member of a Georgia affiliated group, a Georgia affiliated group filing a Georgia consolidated return under the provisions of this paragraph prior to the amendment by this Act shall have the option either to terminate its election with respect to tax years after the period covered by the last Georgia consolidated return due under this Code section or to continue filing a Georgia consolidated return under the previous criteria. (H) Nothing in this subsection shall be construed as allowing or requiring the filing of combined income tax returns under the unitary business concept. (I) The department shall promulgate regulations interpreting the provisions of this paragraph."

SECTION 2. Said title is further amended by revising Code Section 48-7-51, relating to corporation returns, contents, consolidated returns of two or more corporations, returns by receivers, trustees, and assignees, and collection, as follows:
"Every corporation subject to taxation under this chapter shall make a return stating specifically the items of its gross income and the deductions and credits allowed by this chapter. The income of two or more corporations shall not be included in a single return except pursuant to an election made under Code Section 48-7-21 or with the express consent of the commissioner. When a receiver, trustee in bankruptcy, or assignee is operating the property or business of a corporation, the receiver, trustee, or assignee shall make returns for the corporation in the same manner and form as the corporation is required to make returns. Any tax due on the basis of returns made by a receiver, trustee, or assignee shall be collected in the same manner as if collected from the corporation of whose business or property he or she has custody and control."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to taxable years beginning on or after January 1, 2023.

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

Approved May 5, 2022.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

FOOD, DRUGS, AND COSMETICS OPERATION OF MOBILE FOOD SERVICE ESTABLISHMENTS IN MULTIPLE COUNTIES; PERMITTING AND INSPECTIONS.

No. 825 (House Bill No. 1443).

AN ACT

To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that mobile food service establishments that have active permits may operate in the county of origin and in one or more counties other than its county of origin without obtaining an additional permit; to provide for definitions; to provide for notice to other counties prior to operation; to provide for a process for other county boards of health to verify and recognize active permits from the county of origin; to provide for circumstances under which other county boards of health may refuse to recognize permits; to provide for inspections of mobile food service establishments by other counties; to provide for administrative and inspection fees; to provide for notice requirements by county boards of health upon refusal to recognize a permit; to provide for the creation of a permit inspection data base by the Department of Public Health; to provide for violation citations and penalties; 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 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended by revising Code Section 26-2-370, relating to definitions, as follows:
"26-2-370. As used in this article, the term:
(1) 'Food nutrition information' means the content of food, including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. (2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. Such term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; mobile food service establishments; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a

GEORGIA LAWS 2022 SESSION

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food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. Such term shall not include:
(A) A food sales establishment, as defined in Code Section 26-2-21, except as otherwise stated in this paragraph; (B) The food service component of any food sales establishment defined in Code Section 26-2-21; (C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function; (D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel; (E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:
(i) Is sponsored by a political subdivision of this state; (ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and (iii) Lasts 120 hours or less; or (F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter. (3) 'Mobile food service establishment' means a mobile food service unit operating from a single base of operation and under the managerial authority of one permit holder. (4) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof."

SECTION 2. Said article is further amended by revising Code Section 26-2-371, relating to required permits to be issued by county board of health or the Department of Public Health, the validity and transferability of permits, and rules and regulations by municipalities, as follows:
"26-2-371. It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and

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direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Except as provided for in Code Section 26-2-379, such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. When a mobile food service establishment has been permitted in any county, that permit shall be recognized by all counties pursuant to Code Section 26-2-379. Except as provided for in Code Section 26-2-379, nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"26-2-379. (a) A county board of health outside a mobile food service establishment's county of origin shall recognize the permit from the mobile food service establishment's county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service establishment to operate in an outside county subject to the ordinances of such county or city. (b) A county board of health shall use the following process to recognize a permit from a mobile food service establishment's county of origin:
(1) Prior to operating in a county outside the mobile food service establishment's county of origin, a mobile food service establishment shall submit to the county board of health in the outside county a copy of its mobile food service establishment permit from its county of origin, its permit for its base of operations, a listing of any other counties where it is authorized to operate, a listing of locations in the county where the mobile food service establishment intends to operate, a listing of the dates and times of intended operation, and any other documentation required by the county board of health. The listing of any other counties where the mobile food service establishment intends to operate shall be updated by the mobile food service establishment when it operates in additional counties. Such information shall be submitted in a manner determined by the county board of health, but an electronic delivery format shall be available; and (2) Upon receipt of all required information, the county board of health in the outside county shall verify on the Department of Public Health's permit inspection data base that the permit is in good standing in the county of origin and in any other counties where the mobile food service establishment has been authorized to operate. All county boards of health shall utilize the department's permit inspection data base. The county board of health for such outside county may charge an administrative fee, limited to the costs incurred, to confirm the mobile food service establishment's standing in other counties where it is authorized to operate. Upon verification that the permit is in good standing and there are not public health or safety concerns, a county shall recognize the permit and

GEORGIA LAWS 2022 SESSION

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shall authorize the mobile food service establishment to operate in its jurisdiction and have jurisdiction over the mobile food service establishment. (c) An outside county may refuse to recognize a mobile food service establishment's permit if the base of operation or mobile unit permit is not from another county in this state, if the base of operation or mobile unit permit is not in good standing in the county of origin or any county within which it is authorized to operate, or for public health and safety concerns. If the county refuses to recognize a mobile food service establishment's permit, the county shall provide the mobile food service establishment written notice regarding the basis for its refusal. (d) The mobile food service establishment may be subject to periodic and unannounced inspections in any outside county where its permit has been recognized. County boards of health shall utilize discretion when inspecting mobile food service establishments that have been authorized to operate in multiple jurisdictions to ensure they are not inspected more frequently than necessary to protect public health and safety. A mobile food service establishment shall allow the county board of health access for inspection when the mobile food service establishment is physically operating in such county. (e) Fees for inspections conducted in outside counties shall be paid in full by the next business day. Failure to pay for inspections in outside counties will result in termination of authorization to operate in that county. The inspection fee shall be limited to the administrative costs incurred by the county to complete the inspection. (f) If any such inspection results in a violation, any outside county shall notify the county of origin and any other counties where the mobile food service establishment is authorized to operate of the violation. Any county where the mobile food service establishment operates may issue a court citation, terminate authorization for the mobile food service establishment to operate in the county, or require implementation of a remediation plan for the violation. (g) A mobile food service establishment shall stay current with its annual inspection fees in its county of origin and shall provide any outside counties where it is authorized to operate proof of currency before operating in that county. (h) Mobile food service establishment operators shall be required to return to their base of operation at least daily or more often if needed to service their unit with fresh water and to empty their wastewater tank. (i) If at any time a mobile food service establishment's permit is no longer in good standing in any jurisdiction, a county may revoke the establishment's authorization to operate in its jurisdiction. (j) The Department of Public Health may establish an expedited permit approval and recognition process for mobile food service establishments for counties to utilize that is consistent with the provisions of this Code section. (k) The Department of Public Health may develop rules and regulations governing the operation of mobile food service establishments. Any such rules and regulations shall be tailored to address health and safety risks."

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SECTION 4. This Act shall become effective on January 1, 2023.

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

Approved May 5, 2022.

__________

INSURANCE REVISES PROPERTY INSURANCE TO INCLUDE AGREEMENTS THAT PROVIDE REDUCTION OF AMOUNT DUE
ON CONSUMER'S FINANCE AGREEMENT FOR DESTROYED OR STOLEN MOTOR VEHICLE; REVISES GUARANTEED ASSET PROTECTION WAIVERS; PROVIDES FOR DIAGNOSTIC BREAST EXAMINATIONS; REVISES CERTAIN HEALTH SAVINGS ACCOUNTS.

No. 826 (House Bill No. 733).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the definition of property insurance to include agreements that provide a reduction of the amount due on a consumer's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle; to revise the definition of a guaranteed asset protection waiver to include contractual agreements with or without a separate charge and to include a contractual agreement with or without a separate charge that provides a benefit that waives an amount or provides a borrower with a credit toward the purchase of a replacement vehicle; to provide for a definition of diagnostic breast examination as a medically necessary and clinically appropriate breast examination used to evaluate an abnormality seen, suspected, or detected; to provide for a definition of supplemental breast screening examination as a medically necessary and clinically appropriate breast examination used to screen for breast cancer or based on personal or family medical history; to provide for additional definitions; to provide that diagnostic breast examinations shall not be treated less favorably than supplemental screening mammography for breast cancer with respect to cost-sharing requirements; to allow for utilization review; to provide for exceptions for certain Health Savings Accounts; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2022 SESSION

579

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I Property insurance and guaranteed asset protection waiver
SECTION 1-1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (b) of Code Section 33-7-6, relating to property insurance, contract requirements, rules and regulations, and exemptions, as follows:
"(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: (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; (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; or (ix) The reduction of some or all of the amounts due on a consumer's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle;

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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 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

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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 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."

SECTION 1-2. Said title is further amended by revising paragraph (6) of Code Section 33-63-3, relating to definitions regarding guaranteed asset protection waivers, as follows:
"(6) 'Guaranteed asset protection waiver' means a contractual agreement wherein a creditor agrees, with or without a separate charge, to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement or a contractual agreement wherein a creditor agrees, with or without a separate charge, to cancel or waive all or part of the excess wear and use charges owed by the borrower to the creditor under the lease contract when the borrower returns a leased vehicle to the creditor at termination of the lease, which agreement must be part of, or a separate addendum to, the lease contract. Such waiver may also provide, with or without a separate charge, a benefit that waives an

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amount, or provides a borrower with a credit, toward the purchase of a replacement vehicle."

PART II Health insurance and parity in cost-sharing requirements for breast examinations
SECTION 2-1.

Said title is further amended by adding a new Code section to Chapter 24, relating to insurance generally, to read as follows:
"33-24-59.31. (a) As used in this Code section, the term:
(1) 'Breast magnetic resonance imaging' or 'breast MRI' means a diagnostic and screening tool, including standard and abbreviated breast MRI, that uses radio waves and magnets to produce detailed images of structures within the breast. (2) 'Breast ultrasound' means a noninvasive diagnostic and screening tool that uses high-frequency sound waves and their echoes to produce detailed images of structures within the breast. (3) 'Cost-sharing requirement' means a deductible, coinsurance, or copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. (4) 'Diagnostic breast examination' means a medically necessary and clinically appropriate, as defined by the guidelines established by the National Comprehensive Cancer Network as of January 1, 2022, examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is:
(A) Used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or (B) Used to evaluate an abnormality detected by another means of examination. (5) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state. (6) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (7) 'Mammogram' means a diagnostic or screening mammography exam using a low-dose X-ray to produce an image of the breast. (8) 'Supplemental breast screening examination' means a medically necessary and clinically appropriate, as defined by the guidelines established by the National Comprehensive Cancer Network as of January 1, 2022, examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is: (A) Used to screen for breast cancer when there is no abnormality seen or suspected in the breast; or

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(B) Based on personal or family medical history or additional factors that may increase the individual's risk of breast cancer. (b) A health benefit policy that provides coverage for diagnostic examinations for breast cancer shall include provisions that ensure that the cost-sharing requirements applicable to diagnostic and supplemental breast screening examinations are no less favorable than the cost-sharing requirements applicable to screening mammography for breast cancer. (c) Nothing in this Code section shall be construed to preclude existing utilization review provided under Chapter 46 of this title. (d) If under federal law application of subsection (b) of this Code section would result in Health Savings Account ineligibility under Section 223 of the Internal Revenue Code, such cost-sharing requirement shall apply only for Health Savings Account qualified High Deductible Health Plans with respect to the deductible of such plan after the enrollee has satisfied the minimum deductible under Section 223 of the Internal Revenue Code, except with respect to items or services that are preventive care pursuant to Section 223(c)(2)(C) of the Internal Revenue Code, in which case the requirements of subsection (b) of this Code section shall apply regardless of whether the minimum deductible under Section 223 of the Internal Revenue Code has been satisfied."

PART III Effective dates, applicability, and repealer
SECTION 3-1.

(a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective on July 1, 2022, and shall apply to all such policies and contracts issued, delivered, issued for delivery, or renewed on or after such date. (c) Part II of this Act shall apply to all such policies and contracts issued, delivered, issued for delivery, or renewed on or after January 1, 2023.

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

Approved May 6, 2022.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE ANNUAL NOTIFICATION BY INSURERS TO FEMALE INSUREDS OF COVERAGE FOR MAMMOGRAMS.

No. 827 (House Bill No. 937).

AN ACT

To amend Code Section 33-29-3.2 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate-specific antigen tests, so as to provide for annual notification by insurers to female insureds of coverage for mammograms; 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 33-29-3.2 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate-specific antigen tests, is amended by adding a new subsection to read as follows:
"(g) Every insurer subject to paragraph (1) of subsection (b) of this Code section shall provide notification to each female insured upon such female attaining the age of 40 of her coverage for mammograms and continuing annually thereafter, for as long as mammogram screening is recommended for such female insured based on her individual health status, as determined by her physician."

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

Approved May 6, 2022.

__________

HEALTH GEORGIA CAREGIVERS ACT; PROVIDES FOR LAY CAREGIVERS IN HOSPITALS.

No. 828 (House Bill No. 1304).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the "Georgia Caregivers Act"; to provide for definitions; to require hospitals to provide

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patients with the opportunity to identify lay caregivers; to provide that named lay caregivers are not obligated to provide aftercare; to provide for notice requirements to lay caregivers; to provide that inability to contact lay caregivers shall not affect the medical care or appropriate discharge of patients; to require hospitals to include lay caregivers in discharge planning; to provide that lay caregivers do not supersede authority of individuals serving as agents under a Georgia Advance Directive for Health Care; to provide that no new private right of action is created; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new chapter to read as follows:

"CHAPTER 36B

31-36B-1. This chapter shall be known and may be cited as the 'Georgia Caregivers Act.'

31-36B-2. As used in this chapter, the term:
(1) 'Aftercare' means any assistance provided by a lay caregiver to an individual under this chapter after the patient's discharge from a hospital, including tasks that are limited to the patient's condition at the time of discharge and do not require a licensed professional. (2) 'Discharge' means a patient's exit or release from a hospital to the patient's residence after any inpatient stay. (3) 'Hospital' means any institution classified and having a permit as a hospital from the Department of Community Health pursuant to this title and such department's rules and regulations. (4) 'Lay caregiver' means any individual 18 years of age or older, including next of kin, who is identified by the patient as someone who will provide aftercare assistance to the patient in the event the patient is discharged from the hospital. (5) 'Residence' means a dwelling considered by a patient to be his or her home, not including an institution as defined in subparagraph (A) of paragraph (4) of Code Section 31-7-1.

31-36B-3. (a) Upon inpatient admission to a hospital, each patient shall have the opportunity to identify at least one lay caregiver to be involved in the discharge planning process.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) A patient may elect to change his or her lay caregiver by notifying the hospital of such change. (c) Identification of a lay caregiver by a patient under this chapter does not obligate any individual to perform any aftercare tasks for the patient. (d) This Code section shall not be construed so as to require a patient to identify any individual as a lay caregiver.

31-36B-4. (a) If a patient or a person authorized to consent to medical treatment, in accordance with Code Section 31-9-2, has identified a lay caregiver under this chapter, a hospital shall notify the lay caregiver of the patient's discharge to the patient's residence, discharge to a post-acute healthcare facility, or transfer to another hospital as soon as practicable. If the hospital is unable to contact the lay caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. (b) As soon as practicable prior to the discharge of the patient, the hospital shall actively engage the patient and the identified lay caregiver in discharge planning tailored to the patient's individual aftercare needs in order to provide the patient and the lay caregiver the necessary education and training regarding the aftercare needs of the patient.

31-36B-5. (a) Nothing in this chapter shall be construed to interfere with the rights of a patient or other person legally authorized to make healthcare decisions under Chapter 32 of this title, the 'Georgia Advance Directive for Health Care Act,' or under Code Section 31-9-2, or to grant healthcare decision-making authority to a lay caregiver. (b) Nothing in this chapter shall delay the appropriate discharge or transfer of a patient. (c) Nothing in this chapter shall be construed to interfere with or supersede a healthcare provider's instructions regarding a Medicare certified home health agency or any other post-acute care provider. (d) Nothing in this chapter shall be construed to create a private right of action against a hospital, hospital employee, or duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law. (e) Nothing in this chapter shall be construed to conflict with or replace the Center for Medicare and Medicaid Services Conditions of Participation."

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

Approved May 6, 2022.

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587

MENTAL HEALTH ADULT RESIDENTIAL MENTAL HEALTH SERVICES LICENSING ACT; LICENSURE AND REGULATION
OF ADULT RESIDENTIAL MENTAL HEALTH PROGRAMS.

No. 829 (House Bill No. 1069).

AN ACT

To amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, so as to provide for the licensure of adult residential mental health programs; to provide for a short title; to provide for the purpose; to provide for definitions; to provide for classification; to provide for minimum standards of quality and services; to provide for rules and regulations; to provide for enforcement; to provide for licensure; to provide for contingent effectiveness; to provide for applications; to provide for provisional licenses; to provide for provisional licensure of existing personal care homes that meet the requirements of this article; to provide for meeting certain requirements based on proof of accreditation; to provide that licenses are nontransferable; to provide for denial, suspension, or revocation of license; to provide for notice and hearings; to provide for confidentiality of records; to provide for criminal and civil penalties for operating unauthorized adult residential mental health programs; to provide for inspection by the Department of Community Health; to provide for oversight by the disability services ombudsman; to amend Code Section 31-7-351 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Long-term Care Background Check Program," so as to provide for background checks for applicants, employees, and owners of adult residential mental health programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, is amended by adding a new article to read as follows:

"ARTICLE 7

37-3-200. This article shall be known and may be cited as the 'Adult Residential Mental Health Services Licensing Act.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

37-3-201. The purpose of this article is to provide for the classification and systematic evaluation, licensure, and monitoring of residential programs designed for the treatment and therapeutic recovery of adult persons with a primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and stress related disorder; to ensure that every governing body which operates an adult residential mental health program is licensed to do so; and to meet the rehabilitative and recovery needs and supports of persons who have mental illnesses while safeguarding their individual liberties as well as public safety.

37-3-202. As used in this article, the term:
(1) 'Adult residential mental health program' means a subacute residential alternative service of four or more residential beds authorized to provide psychiatric services for mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per week to provide intensive short-term noninstitutional treatment to individuals who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of or transition from or after acute psychiatric hospitalization. Such term shall not include crisis stabilization units, as defined in Code Section 37-1-29; community living arrangements, as defined by the Department of Behavioral Health and Developmental Disabilities; mental health programs conducted by accountability courts; or residential beds operated by a state or local public entity. (2) 'Applicant' means any individual affiliated with a partnership, corporation, association, or individuals or groups of individuals submitting an application to operate an adult residential mental health program under this article. (3) 'Department' means the Department of Community Health. (4) 'Governing body' means the partnership, corporation, limited liability company, association, or person or group of persons who maintains and controls the adult residential mental health program and who is legally responsible for its operation. (5) 'License' means the official permit issued by the department which authorizes the holder to operate an adult residential mental health program. (6) 'Licensee' means any person holding a license issued by the department under this article. (7) 'Mentally ill person' means a person who has significant deficits in functioning affecting social and family relationships, work, self-care, educational goals, or legal involvements due to his or her primary diagnosis or assessment of a psychotic disorder, mood disorder, anxiety disorder, dissociative disorder, obsessive-compulsive disorder, adjustment disorder, personality disorder, or trauma and stress related disorder as listed in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5) or the World Health Organization's International Classification of

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Diseases, in effect as of July 1, 2022, or as the department may further define such term by rule and regulation.

37-3-203. The department is authorized to classify all adult residential mental health programs within the state according to the character and range of services provided.

37-3-204. The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations:
(1) Admission criteria which at a minimum must require a referral from either an inpatient psychiatric hospital that is discharging a patient to an adult residential mental health program or a determination by a qualified psychiatrist that admission is required to provide stabilization, treatment, and care of the condition but an inpatient admission to a psychiatric hospital is not required; and length of stay criteria which at a minimum shall be redetermined on a periodic basis through a mental health evaluation to include treatment goals and progress from the initial admission. Such mental health evaluation shall determine medical necessity for continued stay in the residential program with a maximum length of stay of six months unless an individual case waiver is approved by the department; (2) Adequate and safe buildings or housing facilities where programs are offered and standards for emergency conditions relating to them; (3) Adequate equipment for the delivery of adult residential mental health programs; (4) Standards for sufficient trained staff or staff with prior experience who are competent in the duties they are to perform which, at a minimum, shall include a psychiatrist or other physician when the psychiatrist is unavailable, a registered professional nurse or advanced practice registered nurse, appropriately trained clinical case management staff to facilitate care and safe discharge planning, and mental health technicians or other similarly trained paraprofessionals or certified peer specialists at a ratio of not less than one to 12 patients or greater as assessed needs and history of the patient population indicates; (5) The content and quality of services to be provided; (6) Requirements for intake, discharge, and aftercare of mentally ill persons; financial relationships or arrangements with patients of the program; and visitation of patients; (7) Referral arrangements to other appropriate agencies or facilities, including a process and adequate staff to facilitate transfer of a patient to a licensed general or specialty hospital authorized to provide inpatient medical or psychiatric services; (8) Maintenance of adequate records on each mentally ill person treated or advised; (9) Standards for the storage, administration, and dispensing of prescribed medications to patients in programs licensed under this article, in accordance with guidelines

590

GENERAL ACTS AND RESOLUTIONS, VOL. I

established by the United States Drug Enforcement Administration and the Georgia Board of Pharmacy; (10) Permission for the use of therapeutic modalities and complementary services beneficial to the treatment of and supports for adult mentally ill persons; (11) Permission and standards for the regulation or control and provision of food and other nutrition in each setting or classification of an adult residential mental health program; (12) Standards for protection of patient rights while resident in a program and internal grievance procedures; (13) Standards for the ethics and integrity of the staff, owners, and governing body of the program; (14) Standards to ensure protection of the resident and the community at large in the event a resident poses a risk of potential harm to self or others; and (15) Standards and procedures for incident reports to the department in the event of the occurrence of major incidents and provision for appropriate departmental actions and appeal thereof.

37-3-205. (a) The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article no later than July 1, 2023. (b) The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-8. (c) All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

37-3-206. (a) On and after January 1, 2024, no governing body shall operate an adult residential mental health program without having a valid license or provisional license issued pursuant to this article; provided, however, that hospitals licensed in accordance with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an adult residential mental health program that is separate and distinct from the licensed hospital. (b) This Code section shall become effective only upon the effective date of a specific appropriation of funds for purposes of this article, as expressed in a line item making specific reference to this article in a General Appropriations Act enacted by the General Assembly.

37-3-207. (a) Application for a license to operate an adult residential mental health program shall be submitted by the governing body to the department in the manner prescribed in the

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department's rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant. (b) Proof of compliance with all applicable federal and state laws for the handling and dispensing of medications, and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the application submitted to the department.

37-3-208. (a) The department may issue a provisional license effective for a period not to exceed 90 days to each applicant who has substantially complied with all requirements for a regular license. Provisional licenses shall be renewed in the discretion of the department only in cases of extreme hardship and in no case for longer than 90 days. (b) The obligations and conditions of a provisional license shall be the same as those of a regular license except as otherwise provided for in this article. (c) The duration limits included in subsection (a) of this Code section shall not apply to one-time provisional licenses issued by the department pursuant to Code Section 37-3-208.1.

37-3-208.1. Between July 1, 2022, and December 31, 2023, the department shall be authorized to grant a one-time provisional license for an adult residential mental health program to an existing licensed personal care home that substantially complies with the requirements of this article for a period not to extend beyond December 31, 2023.

37-3-209. The department may accept proof of accreditation by a nationally recognized healthcare accreditation body, in accordance with specific standards, as evidence of compliance with one or more departmental requirements for issuance or renewal of a license or provisional license.

37-3-210. The department shall issue a license to a governing body for any adult residential mental health program which meets all the rules and regulations for the class of license applied for. The license shall be nontransferable for a change of location or governing body.

37-3-211. (a) The department is authorized to deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule or regulation adopted under this chapter or to take other disciplinary actions against licensees as provided in Code Section 31-2-8. (b) The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

592

GENERAL ACTS AND RESOLUTIONS, VOL. I

37-3-212. For the purpose of providing more effective treatment and rehabilitation, the records and name of any mentally ill person who seeks or obtains treatment, therapeutic advice, or counsel from any adult residential mental health program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by the mentally ill person affected or his or her guardian or custodian; furthermore, any communication by such mentally ill person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made. The protections in this Code section and other provisions of state or federal law of an individual client's identity or communications to the clinical staff of any adult residential mental health program licensed under this article shall not prohibit the use of de-identified data relating to such clients for clinical or programmatic research or education or in presentations about the programs offered by a licensee under this article. Subject to and in compliance with the limitations of any state or federal privacy laws, the department may require at reasonable intervals, and each licensee shall furnish, copies of summary records of each mentally ill person treated or advised pursuant to an adult residential mental health program.

37-3-213. The department shall conduct periodic on-site inspection of each adult residential mental health program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of such adult residential mental health program so that the department may determine whether a provider is operating in compliance with licensing requirements. Each licensee shall permit authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted, for which a license has been applied, or for which a license has been issued so that verification of compliance with all relevant laws or regulations can be made.

37-3-214. The powers of the disability services ombudsman established in Part 1 of Article 2 of Chapter 2 of this title shall include oversight of patients of adult residential mental health programs established by this article, with all attendant powers and functions specified by law for such ombudsman.

GEORGIA LAWS 2022 SESSION

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37-3-215. (a) On and after January 1, 2024, a facility shall be deemed to be an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt from licensure under this article and:
(1) The facility is providing services and is operating as an adult residential mental health program; (2) The facility is held out as or represented as providing services and operating as an adult residential mental health program; or (3) The facility represents itself as a licensed adult residential mental health program. (b) Any unlicensed adult residential mental health program may be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and the department's intent to impose a civil penalty. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (c) In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the owner or operator continues to operate the unlicensed adult residential mental health program, after receipt of notice pursuant to subsection (b) of this Code section. (d) The owner or operator of an unlicensed adult residential mental health program who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County. (e) Any person who owns or operates an adult residential mental health program in violation of this Code section shall be guilty of a misdemeanor for a first violation, unless such violation is in conjunction with a violation of Article 8 of Chapter 5 of Title 16, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. Upon conviction for a second or subsequent such violation, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years."

SECTION 2. Code Section 31-7-351 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Long-term Care Background Check Program," is amended by revising paragraph (8) as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(8) 'Facility' means: (A) A personal care home required to be licensed or permitted under Code Section 31-7-12; (B) An assisted living community required to be licensed under Code Section 31-7-12.2; (C) A private home care provider required to be licensed under Article 13 of this chapter; (D) A home health agency as licensed pursuant to Code Section 31-7-151; (E) A provider of hospice care as licensed pursuant to Code Section 31-7-173; (F) A nursing home, skilled nursing facility, or intermediate care home licensed pursuant to rules of the department; (G) An adult day care facility licensed pursuant to rules of the department; or (H) An adult residential mental health program licensed pursuant to Article 7 of Chapter 3 of Title 37."

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

Approved May 6, 2022.

__________

INSURANCE GUIDELINES FOR PRIOR AUTHORIZATION OF PRESCRIBED MEDICATIONS FOR CHRONIC CONDITIONS REQUIRING ONGOING MEDICATION THERAPY UNDER CERTAIN CIRCUMSTANCES.

No. 830 (Senate Bill No. 341).

AN ACT

To amend Article 2 of Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to the prior authorizations of healthcare services, so as to provide guidelines for the prior authorization of a prescribed medication for chronic conditions requiring ongoing medication therapy under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to the prior authorizations of healthcare services, is amended by adding a new Code section to read as follows:
"33-46-23.1. (a) As used in this Code section, the term:
(1) 'Chronic condition' means a serious, long-term, physical, mental, or developmental disability or disease. (2) 'Ongoing medication therapy' means a clinical and evidence-based treatment that uses a prescribed medicine to prevent, diagnose, treat, or relieve the symptoms of a chronic condition and is continuing or expected to continue for at least a year. (b) Unless otherwise provided in subsection (c) of this Code section or prohibited by state or federal law, if a healthcare provider receives a prior authorization for a medication prescribed to a covered person with a chronic condition that requires ongoing medication therapy, and the provider continues to prescribe the medication, and the medication is used for a condition that is within the scope of use approved by the United States Food and Drug Administration or has been proven to be a safe and effective form of treatment for the patient's specific underlying condition based on clinical practice guidelines that are developed from peer-reviewed publications, the prior authorization received shall: (1) Be valid for the lesser of:
(A) One year from the date the healthcare provider receives the prior authorization; or (B) Until the last day of coverage under the covered person's healthcare plan; and (2) Cover any change in dosage prescribed by the healthcare provider during the period of authorization. (c)(1) This Code section shall not apply to: (A) Medications that are prescribed for a nonmaintenance condition; (B) Medications that have a typical treatment period of less than 12 months; (C) Medications for which medical or scientific evidence does not support a 12 month approval, including medications where an initial shorter duration approval is necessary to demonstrate appropriate response to therapy; or (D) Medications that are opioid analgesics or benzodiazepines. (2) Nothing in this Code section prevents the prior authorization of a medication for more than a year if permissible by the covered person's healthcare plan."

SECTION 2. This Act shall become effective on January 1, 2023, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 6, 2022.

__________

HEALTH MEDICAL EDUCATION PROVIDED BY HOSPITAL AUTHORITIES AND DESIGNATED TEACHING HOSPITALS;
FUNDING; REVISE DEFINITIONS.

No. 831 (Senate Bill No. 340).

AN ACT

To amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, so as to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the Accreditation Council for Graduate Medical Education (ACGME), which program has at least one ACGME accredited residency program, excluding any stand-alone fellowship program, and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Department of Community Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the Accreditation Council for Graduate Medical Education. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital."

GEORGIA LAWS 2022 SESSION

597

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

Approved May 6, 2022.

__________

REVENUE AND TAXATION INCREASES AGGREGATE LIMIT FOR TAX CREDITS FOR CONTRIBUTIONS TO RURAL HOSPITAL ORGANIZATIONS.

No. 832 (House Bill No. 1041).

AN ACT

To amend Code Section 48-7-29.20 of the Official Code of Georgia Annotated, relating to tax credits for contributions to rural hospital organizations, so as to increase the aggregate limit for tax credits for contributions to rural hospital organizations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-29.20 of the Official Code of Georgia Annotated, relating to tax credits for contributions to rural hospital organizations, is amended by revising paragraph (1) of subsection (e) as follows:
"(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $75 million per taxable year."

SECTION 2. This Act shall become effective on January 1, 2023, and shall be applicable to taxable years beginning on or after January 1, 2023.

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

Approved May 6, 2022.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE CLARIFIES PRUDENT LAYPERSON STANDARD NOT AFFECTED BY DIAGNOSES GIVEN; PROVIDES UNFAIR CLAIMS SETTLEMENT PRACTICES.

No. 833 (House Bill No. 1324).

AN ACT

To amend Chapter 11 of Title 31 and Title 33 of the Official Code of Georgia Annotated, relating to emergency medical services and insurance, respectively, so as to clarify that the prudent layperson standard is not affected by the diagnoses given; to provide for unfair claims settlement practices; 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) This state recognizes a "prudent layperson" standard with regard to the need for emergency care; (2) Insurance companies operating in this state are required to adhere to that standard; (3) Patients in this state have had emergency medical claims denied due to insurers' failure to adhere to the prudent layperson standard as intended; (4) The federal court system has recognized that this standard is not intended to look to the diagnosis that a patient receives. Rather, the only relevant considerations are the patient's symptoms and whether a prudent layperson would think that emergency medical attention is necessary based on those symptoms; (5) This legislative body has intended and continues to intend that the prudent layperson standard be applied in the same manner; (6) In order to better protect Georgians seeking emergency care, legislation is needed not to change the meaning but to clarify the intended application of the prudent layperson standard in this state; and (7) Nothing in this Act is intended to be applicable to healthcare plans which are subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.

SECTION 2. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by revising paragraph (1) of Code Section 31-11-81, relating to definitions, as follows:

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"(1) 'Emergency condition' means any physical or mental condition of a recent onset and severity, including but not limited to severe pain, regardless of the initial, interim, final, or other diagnoses that are given, 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."

SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-6-34, relating to unfair claims settlement practices, by deleting "and" at the end of paragraph (14), by replacing the period with "; and" at the end of paragraph (15), and by adding a new paragraph to read as follows:
"(16) Failure to comply with any insurer requirement relating to emergency services or care in Article 4 of Chapter 11 of Title 31, Article 1 of Chapter 20A of this title, Chapter 20E of this title, Chapter 21A of this title, Code Section 33-24-59.27, and Chapter 30 of this title."

SECTION 4. Said title is further amended by revising paragraph (1) of Code Section 33-20A-3, relating to definitions regarding managed health care plans, as follows:
"(1) 'Emergency services' or 'emergency care' means those physical or mental health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, regardless of the initial, interim, final, or other diagnoses that are given, 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."

SECTION 5. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 33-20E-2, relating to application to insurers and definitions regarding surprise billing, as follows:
"(5) 'Emergency medical services' means physical or mental health care 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, regardless of the initial, interim, final, or other diagnoses that are given, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe

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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."

SECTION 6. Said title is further amended by revising paragraph (4) of Code Section 33-21A-2, relating to definitions regarding Medicaid care management organizations, as follows:
"(4) 'Emergency health care services' means physical or mental health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, regardless of the initial, interim, final, or other diagnoses that are given, 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."

SECTION 7. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 33-24-59.27, relating to right to shop for insurance coverage, disclosure of pricing information, and notice, as follows:
"(2) 'Emergency services' means those physical or mental health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, regardless of the initial, interim, final, or other diagnoses that are given, 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."

SECTION 8. Said title is further amended by revising paragraph (1) of Code Section 33-30-22, relating to definitions regarding preferred provider arrangements, as follows:
"(1) 'Emergency services' or 'emergency care' means those physical or mental health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, regardless of the initial, interim, final, or other diagnoses that are given, that would lead a prudent layperson, possessing an average

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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."

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

Approved May 9, 2022.

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CRIMINAL PROCEDURE DEFENDANT CONVICTED DUE TO BEING VICTIM OF TRAFFICKING FOR LABOR OR SEXUAL SERVITUDE MAY PETITION FOR VACATUR; RETURN OF FINES AND FEES PAID; REMOTE ELECTRONIC TESTIMONY.

No. 834 (Senate Bill No. 565).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that at any time after conviction for a misdemeanor or felony offense a defendant convicted of an offense and sentenced as a direct result of being a victim of trafficking for labor or sexual servitude may petition the sentencing court to grant the relief of vacatur; to provide for the return of fines and fees paid by the defendant whose conviction is vacated; to provide that testimony from certain individuals relative to such petitions may be taken by remote electronic means; to authorize payment of such returns by the Georgia Crime Victims Emergency Fund; to provide for rules, standards, protocols, and guidelines for the payment of such returns; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of punishment, by revising Code Section 17-10-21, relating to vacating of sentence for trafficking victim defendants, as follows:

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"17-10-21. (a)(1) A defendant convicted of an offense and sentenced as a direct result of the defendant being the victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to vacate such conviction. Such court shall maintain the jurisdiction, power, and authority to vacate such conviction and sentence. (2) The defendant shall serve the petition provided for under paragraph (1) of this subsection upon the prosecuting attorney, and such petition: (A) Shall be submitted on a form promulgated by the Attorney General; (B) Shall be submitted at any time following conviction and sentencing for a misdemeanor or felony offense; (C) Shall be submitted with a copy of his or her criminal history background check report conducted by the Georgia Crime Information Center that has been completed no more than three business days prior to the filing of the petition; provided, however, that the defendant shall not be charged a fee by the Georgia Crime Information Center for a report produced for purposes of this Code section; and (D) May include documentation of a defendant's status as a victim of an offense of trafficking under Code Section 16-5-46 at the time of the offense; provided, however, that official documentation shall not be required to obtain relief under this Code section. Such documentation shall create a rebuttable presumption that the defendant was a victim of trafficking under Code Section 16-5-46. As used in this subparagraph, the term 'official documentation' includes, but is not limited to, the following: (i) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding showing that the defendant was a victim of trafficking under Code Section 16-5-46; (ii) An affidavit, a letter, or sworn testimony from a member of the clergy, medical professional, member of a victim services organization, or certified, licensed, or registered professional from whom the defendant has sought assistance, counseling, or legal counsel related to his or her victimization; or (iii) Any other evidence that the court determines is of sufficient credibility or probative value. (3) No defendant with an outstanding warrant issued by a jurisdiction in this state or any other state or by the United States shall file a petition provided for under paragraph (1) of this subsection. (4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such conviction or fails to respond to such petition within 30 days of service, the court imposing the conviction and sentence shall, without notice or hearing, issue an order vacating the conviction and sentence and shall also issue an order restricting access to criminal history record information for such offense. (5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the court shall hold a hearing within 90 days of the filing of the petition. The court shall hear evidence and determine, by a preponderance of the evidence, whether the

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defendant committed such offense as a direct result of being the victim of an offense of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the evidence, that the defendant committed such offense as a direct result of being the victim of an offense of trafficking under Code Section 16-5-46, the court may issue an order vacating the conviction and sentence. (B) If such order to vacate is issued, the court shall also issue an order restricting access to criminal history record information for such offense and no fee shall be charged by the Georgia Crime Information Center or any other entity for restricting access to criminal history record information under this paragraph. (C) As used in this paragraph, the term 'restrict' shall have the same meaning as set forth in Code Section 35-3-37. (b) When a petition provided for under subsection (a) of this Code section is filed, it shall be filed under seal. (c)(1) For any sentence vacated pursuant to this Code section, the court vacating such sentence shall include in the order to vacate an order for the return of any fines and fees paid by the defendant under such sentence in the amount paid by the defendant. (2) The Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the return to the defendant of fines and fees paid by the defendant. (d) For purposes of considering a petition provided for under subsection (a) of this Code section, testimony from the defendant, petitioner, expert witness, or any other party may be taken by the court by remote electronic means."

SECTION 2. Said title is further amended in Chapter 15, relating to victim compensation, by adding a new code section to read as follows:
"17-15-17. (a) Subject to available funds, for any sentence vacated pursuant to Code section 17-10-21, any fines and fees paid by the defendant under such sentence shall be returned to the defendant in the amount paid by the defendant. (b) Payments authorized by subsection (a) of this Code section shall be made from the fund. (c) The board shall promulgate rules and develop standards, protocols, and guidelines related to the return of fines and fees in coordination with the State Board of Pardons and Paroles, the Department of Community Supervision, the Department of Corrections, and the Administrative Office of the Courts.
(d)(1) Any payment made from the fund under this Code section shall create a debt due and owing to the state by any entity that received a payment of fines and fees that were returned pursuant to this Code section. (2) If the entity has forwarded any portion of the fines and fees to one or more secondary entities, each such secondary entity shall return the amount forwarded by the forwarding

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entity to such secondary entity. A valid request from the forwarding entity shall include a copy of the order to vacate, an accounting of the fines and fees paid by the defendant to the forwarding entity, and a statement of the amount forwarded by the forwarding entity to the secondary entity. (e) Payments authorized or required under paragraph (1) of subsection (d) of this Code section shall be paid into the fund."

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

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

Approved May 9, 2022.

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PROFESSIONS AND BUSINESSES PROVIDES THAT GEORGIA PROFESSIONAL ENGINEERS AND LAND SURVEYORS BOARD IS INDEPENDENT STATE AGENCY.

No. 835 (House Bill No. 476).

AN ACT

To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide that the Georgia Professional Engineers and Land Surveyors Board is an independent state agency attached to the Secretary of State for administrative purposes only; to provide a short title; to provide for definitions; to provide for the powers and duties of the board; to authorize the board to employ an executive director; to provide for the powers and duties of the executive director; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by revising Code Section 43-15-1, relating to purpose of chapter, as follows:

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"43-15-1. This chapter shall be known and may be cited as the 'Professional Engineers and Land Surveyors Act of 2021' and is enacted to safeguard life, health, and property and to promote the public welfare."

SECTION 2.
Said chapter is further amended in Code Section 43-15-2, relating to definitions, by revising
paragraph (1) and adding a new paragraph to read as follows: "(1) 'Board' means the Georgia Professional Engineers and Land Surveyors Board created in subsection (a) of Code Section 43-15-3." "(5.1) 'Executive Director' means the executive director appointed by the Georgia Professional Engineers and Land Surveyors Board pursuant to Code Section 43-15-3."

SECTION 3. Said chapter is further amended by revising Code Section 43-15-3, relating to creation of board and members, as follows:
"43-15-3. (a) The State Board of Registration for Professional Engineers and Land Surveyors existing on June 30, 2021, is continued in existence thereafter as the Georgia Professional Engineers and Land Surveyors Board, and the members serving on the board on June 30, 2021, shall continue to serve out their respective terms of office on the Georgia Professional Engineers and Land Surveyors Board until their respective successors are appointed and qualified. (b) The board shall consist of six professional engineers, two professional land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor and confirmed by the Senate for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state. (c) Each member shall hold office until his or her successor has been duly appointed and qualified. All successors shall be appointed in the same manner as the original appointment. (d) A vacancy on the membership of the board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term. (e) Professional engineers appointed to the board shall have been engaged in the practice of engineering in their respective disciplines for at least 12 years and shall have been in responsible charge of important engineering work in their respective disciplines for at least five years. Professional land surveyors appointed to the board shall have been engaged in

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the practice of land surveying for at least 12 years and shall have been in responsible charge of important land surveying work for at least five years. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important engineering or land surveying work, respectively. (f) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or any other sufficient and just cause. (g) On and after July 1, 2021, the board shall be a separate and distinct budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the board shall be an attached agency for administrative purposes only to the Secretary of State as provided in Code Section 50-4-3 and shall not be considered a division as that term is defined in Code Section 43-1-1. The board shall neither be under the jurisdiction of the Secretary of State nor be under the direction of the director of the professional licensing boards division of the Secretary of State. The board shall not be subject to the provisions of Chapter 1 of this title. (h) The responsibility for enforcement of the provisions of this chapter shall be vested in the board, and the board shall have all of the duties, powers, and authority granted by or necessary for the administration and enforcement of this chapter. (i) The board shall in its discretion appoint and fix the compensation of an executive director who shall be a full-time employee of the board and shall serve at the pleasure of the board. The executive director shall be charged with such other duties and powers as provided in Code Section 43-15-5 or as delegated by the board. (j) The board members, executive director, and other employees of the board shall be allowed reimbursement for travel and other expenses incurred in the performance of their duties, the same as other state officers and employees. (k) The venue of any action involving members of the board shall be the county in which is found the primary office of the board. Any notice or legal process necessary to be served upon the board may be served upon the executive director, but the executive director shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction."

SECTION 4. Said chapter is further amended by revising Code Section 43-15-4, relating to adoption of rules and regulations, meetings, seal, and division director as secretary of board, as follows:
"43-15-4. (a) The board shall adopt all necessary rules, regulations, and bylaws, not inconsistent with this chapter and the Constitution and laws of this state or of the United States, to govern its times and place of meetings for organization and reorganization, for the holding of examinations, for fixing the length of terms of its officers, and for governing all other matters requisite to the exercise of its powers, the performance of its duties, and the transaction of its businesses. The board shall adopt an official seal.

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(b) The board shall meet at such times as the business of the board shall require, as the board or its chairperson may determine, but shall hold one annual meeting each year at which time the board shall elect a chairperson and a vice chairperson. The chairperson may delegate the responsibility of setting the location, date, and time of board meetings and providing notice of meetings to the executive director. Board meetings may be conducted by audio or video conference calls, and participation in such a conference call shall constitute attendance at the meeting so conducted. Any action that might have been taken at a meeting of the board may be taken by the unanimous written consent of all members of the board. (c) A majority of the appointed members of the board shall constitute a quorum for the transaction of business by the board. (d) The executive director shall serve as the secretary of the board ex officio but shall not be a voting member of the board or member for purposes of constituting a quorum. (e) The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter, as the board deems necessary, and shall be authorized to compensate any such members of committees or persons who are not members of the board in such amounts as it shall determine to be reasonable."

SECTION 5. Said chapter is further amended by revising Code Section 43-15-5, relating to duty of board to maintain records, as follows:
"43-15-5. The executive director shall:
(1) Be a full-time employee of the board and shall serve at the pleasure of the board; (2) Keep all records related to the board and its proceedings; (3) With the approval of the board, employ and fix the compensation of personnel as deemed necessary to assist the executive director in his or her duties or the duties of the board. Persons hired for the purpose of conducting investigations on behalf of the board shall have a level of experience or knowledge of the area of practice needing to be investigated, including, but not limited to, engineering or surveying, that is acceptable to the board; (4) With the consent of the board, schedule the time and location for all examinations, meetings, and hearings and maintain a schedule of all examinations, meetings, and hearings that shall be available for public review; (5) With the approval of the board, enter into such contracts, leases, agreements, or other transactions with any person or agency as are deemed necessary to carry out the provisions of this chapter or to provide the services required by the board; (6) Prepare and deliver a written annual report to the Governor and the chairpersons of the House and Senate Appropriations Committees on or before the second Tuesday in January of each year covering the activities of the board for the previous calendar year,

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which shall also be made available to any member of the General Assembly upon request. The report shall include a summary of all actions taken by the board, a financial report of all income and disbursements, staff personnel, and number of persons licensed by the board. The Governor may request a preliminary financial report for budgetary purposes prior to such an annual report; and (7) Prepare and maintain a roster containing the names of all current licensees for each type of license issued by the board. A copy of this roster shall be available to any person upon request at a fee prescribed by the executive 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 board:
(A) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board; (B) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (C) Examination questions and other examination materials, except to the staff and the board; and (D) 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 6. Said chapter is further amended by revising Code Section 43-15-6, relating to general powers of board, injunctions, and continuing education, as follows:
"43-15-6. (a) In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
(1) To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals registered by it; (2) Under the hand of its chairperson or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the production of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairperson or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the manner provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (3) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law; and (4) Through the executive director, to hire investigators for the purpose of conducting investigations. Any person so employed shall be considered to be a peace officer and

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shall have all powers, duties, and status of a peace officer of this state; provided, however, that, notwithstanding Code Sections 16-11-126 and 16-11-129, such investigators shall only be authorized to carry firearms in the performance of their duties upon written approval of the executive director. (b) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each individual seeking renewal of a certificate of registration as a professional engineer or a professional structural engineer or a license as a professional land surveyor to complete board approved continuing education of not more than 15 hours annually for professional engineers and professional structural engineers and not more than 7.5 hours annually for professional land surveyors. The board shall be authorized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration or license to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing education courses meet the requirements imposed by the board. The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals over the age of 65 who have retired from active practice and who apply for an inactive license and for individuals over the age of 65 who are engaged in the active practice of their profession who have had a valid active license for the previous 25 consecutive years. The requirement for continuing education including the exemptions provided for in this subsection shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle."

SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"43-15-6.1. (a) To pay the expenses of the board's office and operations and the enforcement of this chapter, the board by rule or regulation shall be authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged by rule or regulation. Fees shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the board shall approximate the total of the direct and indirect costs for the operation of the board. Fees may be refunded for good cause, as determined by the executive director. (b) All fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board must always be kept within the income collected and deposited in accordance

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with this chapter, and the expense thereof shall not be supported or paid from any other state fund."

SECTION 8. Said chapter is further amended by revising Code Section 43-15-17, relating to issuance, expiration, and renewal of certificates and certificates of registration, as follows:
"43-15-17. (a) Certificates, certificates of registration, or licenses shall be issued to applicants who successfully complete the respective requirements therefor upon the payment of fees prescribed by the board. (b) Certificates of registration or licenses shall be renewable annually. Renewal may be effected for the succeeding year by the payment of the fee prescribed by the board. Certificates of registration or licenses may be renewed subsequent to their expiration upon the payment of accumulated unpaid fees and of a penalty in an amount to be determined by the board. A certificate of registration or license that has been expired for a period of greater than four years shall be automatically revoked. (c) The executive director shall give notice to each individual holding a certificate of registration or license under this chapter of the date of the expiration of the certificate of registration or license and the amount of the fee required for renewal, at least one month prior to the expiration date; but the failure to receive such notice shall not avoid the expiration of any certificate of registration or license not renewed in accordance with this Code section."

SECTION 9. Said chapter is further amended in Code Section 43-15-18, relating to effect of certificate of registration or license, by revising subsection (a) as follows:
"(a) In the case of a professional engineer, the certificate of registration shall authorize the practice of professional engineering. In the case of a professional land surveyor, the license shall authorize the practice of land surveying. In the case of a registered professional structural engineer, the certificate of registration shall authorize the practice of structural engineering. A certificate of registration or license shall show the full name of the registrant or licensee, shall have a serial number, and shall be signed by the chairperson of the board and the executive director under the seal of the board."

SECTION 10. Said chapter is further amended in Code Section 43-15-25, relating to procedure for filing charges against holder of certificate, certificate of registration, or license, by revising subsection (a) as follows:
"(a) Any person may refer charges of fraud, deceit, gross negligence, incompetency, or unprofessional conduct against any individual holding a certificate, certificate of

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registration, or license. Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the board."

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 9, 2022.

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HEALTH MENTAL HEALTH PROVIDES FOR PSYCHIATRIC ADVANCE DIRECTIVES.

No. 836 (House Bill No. 752).

AN ACT

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for a psychiatric advance directive; to provide for a competent adult to express his or her mental health care treatment preferences and desires directly through instructions written in advance and indirectly through appointing an agent to make mental health care decisions on behalf of that person; to provide a short title; to provide for intent; to provide for definitions; to provide for the scope, use, and authority of a psychiatric advance directive; to provide for the appointment, powers, duties, and access to information of a mental health care agent; to provide for limitations on serving as a mental health care agent and for an agent's ability to withdraw as agent; to provide for revocation of a psychiatric advance directive; to provide for the use and effectiveness of a psychiatric advance directive; to provide for the responsibilities and duties of physicians and other providers using a psychiatric advance directive; to provide for civil and criminal immunity under certain circumstances; to provide a statutory psychiatric advance directive form; to provide for construction of such form; to amend Titles 10, 16, 19, 29, 31, 37, and 49 of the Official Code of Georgia Annotated, relating to commerce and trade, crimes and offenses, domestic relations, guardian and ward, health, mental health, and social services, respectively, so as to provide for interaction and relationship with advance directives for health care; to provide for application; to provide for statutory construction; to authorize a health care facility to prepare or offer to prepare an advance directive for health care if there is no coercion and the

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person consents; to provide for conforming references and consistent terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new chapter to read as follows:

"CHAPTER 11

37-11-1. This chapter shall be known and may be cited as the 'Psychiatric Advance Directive Act.'

37-11-2. This chapter is enacted in recognition of the fundamental right of an individual to have power over decisions relating to his or her mental health care as a matter of public policy.

37-11-3. As used in this chapter, the term:
(1) 'Capable' means not incapable of making mental health care decisions. (2) 'Competent adult' means a person of sound mind who is 18 years of age or older or is an emancipated minor. (3) 'Declarant' means a person who has executed a psychiatric advance directive authorized by this chapter. (4) 'Facility' means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of Title 31 or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof and community service boards. (5) 'Incapable of making mental health care decisions' means that, in the opinion of a physician or licensed psychologist who has personally examined a declarant, or in the opinion of a court, a declarant lacks the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and is unable to give or communicate rational reasons for mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.

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(6) 'Mental health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant's mental or emotional illness, developmental disability, or addictive disease. (7) 'Mental health care agent' or 'agent' means a person appointed by a declarant to act for and on behalf of such declarant to make decisions related to consent, refusal, or withdrawal of any type of mental health care when such declarant is incapable of making mental health care decisions for himself or herself. Such term shall include any back-up mental health care agent appointed by a declarant. (8) 'Physician' means a person lawfully licensed in this state to practice medicine pursuant to Article 2 of Chapter 34 of Title 43 and, if the declarant is receiving mental health care in another state, a person lawfully licensed in such state. (9) 'Provider' means any person administering mental health care who is licensed, certified, or otherwise authorized or permitted by law to administer mental health care in the ordinary course of business or the practice of a profession, including, but not limited to, professional counselors, psychologists, clinical social workers, marriage and family therapists, and clinical nurse specialists in psychiatric and mental health; a physician; or any person acting for any such authorized person. (10) 'Psychiatric advance directive' or 'directive' means a written document voluntarily executed by a person in accordance with the requirements of Code Section 37-11-9.

37-11-4. (a) A competent adult may execute a psychiatric advance directive containing mental health care preferences, information, or instructions regarding his or her mental health care that authorizes and consents to a provider or facility acting in accordance with such directive. A directive may include consent to or refusal of specified mental health care. (b) A psychiatric advance directive may include, but shall not be limited to:
(1) The names and telephone numbers of individuals to contact in the event a declarant has a mental health crisis; (2) Situations that have been known to cause a declarant to experience a mental health crisis; (3) Responses that have been known to de-escalate a declarant's mental health crisis; (4) Responses that may assist a declarant to remain in such declarant's home during a mental health crisis; (5) The types of assistance that may help stabilize a declarant if it becomes necessary to enter a facility; and (6) Medications a declarant is taking or has taken in the past and the effects of such medications. (c) A psychiatric advance directive may include a mental health care agent. (d) If a declarant chooses not to appoint an agent, the instructions and desires of a declarant as set forth in the directive shall be followed to the fullest extent possible by every provider or facility to whom the directive is communicated, subject to the right of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

provider or facility to refuse to comply with the directive as set forth in Code Section 37-11-12. (e) A person shall not be required to execute or refrain from executing a directive as a criterion for insurance, as a condition for receiving mental health care or physical health care services, or as a condition of discharge from a facility. (f) Unless a declarant indicates otherwise, a psychiatric advance directive shall take precedence over any advance directive for health care executed pursuant to Chapter 32 of Title 31; durable power of attorney for health care creating a health care agency under the former Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007; health care proxy; or living will that a declarant executed prior to executing a psychiatric advance directive to the extent that such other documents relate to mental health care and are inconsistent with the psychiatric advance directive. (g) No provision of this chapter shall be construed to bar use by a declarant of an advance directive for health care under Chapter 32 of Title 31.

37-11-5. (a) A declarant may designate a competent adult to act as his or her agent to make decisions about his or her mental health care. An alternative agent may also be designated. (b) An agent shall have no authority to make mental health care decisions when a declarant is capable. (c) The authority of an agent shall continue in effect so long as the directive appointing such agent is in effect or until such agent has withdrawn. (d) An agent appointed by a declarant:
(1) Shall be authorized to make any and all mental health care decisions on behalf of such declarant which such declarant could make if such declarant were capable; (2) Shall exercise granted powers in a manner consistent with the intent and desires of such declarant. If such declarant's intentions and desires are not expressed or are unclear, the agent shall act in such declarant's best interests, considering the benefits, burdens, and risks of such declarant's circumstances and mental health care options; (3) Shall not be under any duty to exercise granted powers or to assume control of or responsibility for such declarant's mental health care; but, when granted powers are exercised, the agent shall be required to use due care to act for the benefit of such declarant in accordance with the terms of the psychiatric advance directive; (4) Shall not make a mental health care decision different from or contrary to such declarant's instruction if such declarant is capable at the time of the request for consent or refusal of mental health care;
(5)(A) May make a mental health care decision different from or contrary to such declarant's instruction in such declarant's psychiatric advance directive if:
(i) Such declarant's provider or facility determines in good faith at the time of consent or refusal of mental health care that the mental health care requested or refused in the directive's instructions is:

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(I) Unavailable; (II) Medically contraindicated in a manner that would result in substantial harm to such declarant if administered; or (III) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit such declarant or has proven ineffective in treating such declarant's mental health condition; and (ii) The mental health care requested or refused in the directive's instructions is unlikely to be delivered by another provider or facility in the community under the circumstances. (B) In the event the agent exercises authority under one of the circumstances set forth in subparagraph (A) of this paragraph, the agent shall exercise the authority in a manner consistent with the intent and desires of such declarant. If such declarant's intentions and desires are not expressed or are unclear, the agent shall act in such declarant's best interests, considering the benefits, burdens, and risks of such declarant's circumstances and mental health care options; (6) Shall not delegate authority to make mental health care decisions; and (7) Has the following general powers, unless expressly limited in the psychiatric advance directive: (A) To sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to exercise the powers granted to the agent; (B) To consent to, authorize, refuse, or withdraw consent to any providers and any type of mental health care of such declarant, including any medication program; (C) To request and consent to admission or discharge from any facility; and (D) To contract for mental health care and facilities in the name of and on behalf of such declarant, and the agent shall not be personally financially liable for any services or mental health care contracted for on behalf of such declarant. (e) A court may remove a mental health care agent if it finds that an agent is not acting in accordance with the declarant's treatment instructions as expressed in his or her directive.

37-11-6. (a) Except to the extent that a right is limited by a directive or by any state or federal law or regulation, an agent shall have the same right as a declarant to receive information regarding the proposed mental health care and to receive, review, and consent to disclosure of medical records, including records relating to the treatment of a substance use disorder, relating to that mental health care. All of a declarant's mental health information and medical records shall remain otherwise protected under state and federal privilege, and this right of access shall not waive any evidentiary privilege. (b) At the declarant's expense and subject to reasonable rules of a provider or facility to prevent disruption of the declarant's mental health care, an agent shall have the same right the declarant has to examine, copy, and consent to disclosure of all the declarant's medical records that the agent deems relevant to the exercise of the agent's powers, whether the

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records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, facility, or other health care provider, despite contrary provisions of any other statute or rule of law. (c) The authority given an agent by this Code section shall include all rights that a declarant has under the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and its implementing regulations regarding the use and disclosure of individually identifiable health information and other medical records.

37-11-7. The following persons shall not serve as a declarant's agent:
(1) Such declarant's provider or an employee of that provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant's mental health care; or (2) An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant's mental health care.

37-11-8. An agent may withdraw by giving written notice to a declarant. If such declarant is incapable of making mental health care decisions, such agent may withdraw by giving written notice to the provider or facility that is providing mental health care to the declarant at the time of the agent's withdrawal. Any provider or facility that receives an agent's withdrawal shall document the withdrawal as part of such declarant's medical record.

37-11-9. (a) A psychiatric advance directive shall be effective only if it is signed by the declarant and witnessed by two competent adults, but such witnesses shall not be required to be together or present when such declarant signs the directive. The witnesses shall attest that the declarant is known to them, appears to be of sound mind, is not under duress, fraud, or undue influence, and signed his or her directive in the witness's presence or acknowledges signing his or her directive. For purposes of this subsection, the term 'of sound mind' means having a decided and rational desire to create a psychiatric advance directive. (b) A validly executed psychiatric advance directive shall become effective upon its proper execution and shall remain in effect until revoked by the declarant. (c) The following persons shall not serve as witnesses to the signing of a directive:
(1) A provider who is providing mental health care to the declarant at the time such directive is being executed or an employee of such provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in the declarant's mental health care;

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(2) An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such person is a family member, friend, or associate of such declarant and is not directly involved in the declarant's mental health care; or (3) A person selected to serve as the declarant's mental health care agent. (d) A person who witnesses a psychiatric advance directive in good faith and in accordance with this chapter shall not be civilly liable or criminally prosecuted for actions taken by an agent. (e) A copy of a directive executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document.

37-11-10. (a) A directive may be revoked in whole or in part at any time by the declarant, so long as such declarant is capable, by any of the following methods:
(1) By completing a new directive that has provisions which are inconsistent with the provisions of a previously executed directive; an advance directive for health care executed pursuant to Chapter 32 of Title 31; a durable power of attorney for health care creating a health care agency under the former Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007; a health care proxy; or a living will; provided, however, that such revocation shall extend only so far as the inconsistency exists between the documents and any part of a prior document that is not inconsistent with a subsequent document shall remain unrevoked; (2) By being obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the declarant's presence and at the declarant's direction indicating an intention to revoke; (3) By a written revocation clearly expressing the intent of the declarant to revoke the directive signed and dated by the declarant or by a person acting at the declarant's direction. If the declarant is receiving mental health care in a facility, revocation of a directive will become effective only upon communication to the attending provider by the declarant or by a person acting at the declarant's direction. The attending provider shall record in the declarant's medical record the time and date when the attending provider received notification of the written revocation; or (4) By an oral or any other clear expression of the intent to revoke the directive in the presence of a witness 18 years of age or older who, within 30 days of the expression of such intent, signs and dates a writing confirming that such expression of intent was made. If the declarant is receiving mental health care in a facility, revocation of a directive will become effective only upon communication to the attending provider by the declarant or by a person acting at the declarant's direction. The attending provider shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, when the attending provider received notification of the revocation. Any person, other than the mental health care agent, to whom an oral or other

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nonwritten revocation of a directive is communicated or delivered shall make all reasonable efforts to inform the mental health care agent of that fact as promptly as possible. (b) Unless a directive expressly provides otherwise, if after executing a directive, the declarant marries, such marriage shall revoke the designation of a person other than the declarant's spouse as the declarant's mental health care agent, and if, after executing a directive, the declarant's marriage is dissolved or annulled, such dissolution or annulment shall revoke the designation of the declarant's former spouse as the declarant's mental health care agent. (c) A directive which survives disability, incapacity, or incompetency shall not be revoked solely by the appointment of a guardian or receiver for the declarant. Absent an order of the probate court or superior court having jurisdiction directing a guardian of the person to exercise the powers of the declarant under a directive which survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any mental health care matters covered by the directive; provided, however, that no order usurping the authority of a mental health care agent known to the proposed guardian shall be entered unless notice is sent by first-class mail to the mental health care agent's last known address and it is shown by clear and convincing evidence that the mental health care agent is acting in a manner inconsistent with the directive.

37-11-11. (a) Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant's medical record. (b) In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed a psychiatric advance directive in accordance with this chapter was of sound mind and acted voluntarily when executing such directive and may rely upon a psychiatric advance directive or a copy of that directive. (c) A provider or facility shall be authorized to act in accordance with a directive when a declarant is incapable of making mental health care decisions. (d) A provider or facility shall continue to obtain a declarant's consent to all mental health care decisions if he or she is capable of providing consent or refusal.

37-11-12. (a)(1) When acting under the authority of a directive, a provider or facility shall comply with it to the fullest extent possible unless the requested mental health care is: (A) Unavailable; (B) Medically contraindicated in a manner that would result in substantial harm to the declarant if administered; or

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(C) In the opinion of the provider or facility, inconsistent with reasonable medical standards to benefit the declarant or has proven ineffective in treating such declarant's mental health condition. (2) In the event that a part of a directive is unable to be followed due to any of the circumstances set forth in paragraph (1) of this subsection, all other parts of such directive shall be followed. (b) If a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, such provider or facility shall: (1) Document the reason for not following the directive in such declarant's medical record; and (2) Promptly notify such declarant and his or her agent, if one is appointed in the directive, or otherwise such declarant's legal guardian, of the refusal to follow the directive or instructions of the agent and document the notification in such declarant's medical record. (c) In the event a provider or facility is unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of such declarant's agent, if an agent has been appointed, then the declarant's agent, or otherwise such declarant's legal guardian, shall arrange for such declarant's transfer to another provider or facility if the requested care would be delivered by that other provider or facility. (d) A provider or facility unwilling at any time for one or more of the reasons set forth in paragraph (1) of subsection (a) of this Code section to comply with a declarant's wishes as set forth in the directive or with the decision of a declarant's mental health care agent shall continue to provide reasonably necessary consultation and care in connection with the pending transfer. (e) A psychiatric advance directive shall not limit the involuntary examination, treatment, or hospitalization of patients pursuant to Chapter 3 or Chapter 7 of this title or evaluations or treatment services rendered pursuant to a court order under Code Section 17-7-130, 17-7-130.1, or 17-7-131. (f) Nothing in this chapter shall be construed to require a provider or facility to provide mental health care for which a declarant or a third-party payor is unable or refuses to ensure payment.

37-11-13. (a) Each provider, facility, or any other person who acts in good faith reliance on any instructions contained in a directive or on any direction or decision by a mental health care agent shall be protected and released to the same extent as though such person had interacted directly with a capable declarant.

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(b) Without limiting the generality of the provisions of subsection (a) of this Code section, the following specific provisions shall also govern, protect, and validate the acts of a mental health care agent and each such provider, facility, and any other person acting in good faith reliance on such instruction, direction, or decision:
(1) No provider, facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for complying with any instructions contained in a directive or with any direction or decision by a mental health care agent, even if death or injury to the declarant ensues; (2) No provider, facility, or person shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any instructions contained in a directive or with any direction or decision by a mental health care agent, so long as such provider, facility, or person promptly informs such agent of such provider's, facility's, or person's refusal or failure to comply with the directive or with any direction or decision by the mental health care agent. The mental health care agent shall then be responsible for arranging the declarant's transfer to another provider. A provider who is unwilling to comply with the mental health care agent's decision or the directive shall continue to provide reasonably necessary consultation and care in connection with the pending transfer; (3) If the actions of a provider, facility, or person who fails to comply with any instruction contained in a directive or with any direction or decision by a mental health care agent are substantially in accord with reasonable medical standards at the time of consent or refusal of mental health care and such provider, facility, or person cooperates in the transfer of the declarant pursuant to subsection (d) of Code Section 37-11-12, such provider, facility, or person shall not be subject to civil or criminal liability or discipline for unprofessional conduct for failure to comply with the psychiatric advance directive; (4) No mental health care agent who, in good faith, acts with due care for the benefit of the declarant and in accordance with the terms of a directive, or who fails to act, shall be subject to civil or criminal liability for such action or inaction; (5) If the authority granted by a psychiatric advance directive is revoked under Code Section 37-11-10, a provider, facility, or agent shall not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such psychiatric advance directive unless such provider, facility, or agent had actual knowledge of the revocation; and (6) In the event a declarant has appointed a health care agent in accordance with Chapter 32 of Title 31, no provider, facility, or person who relies in good faith on the direction of such health care agent shall be subject to civil or criminal liability or discipline for unprofessional conduct for complying with any direction or decision of such health care agent in the event the declarant's condition is subsequently determined to be a mental health care condition.

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37-11-14. A law enforcement officer who uses a declarant's valid psychiatric advance directive and acts in good faith reliance on the instructions contained in such directive shall not be subject to criminal prosecution or civil liability for any harm to such declarant that results from a good faith effort to follow such directive's instructions.

37-11-15. (a) The provisions of this chapter shall not apply to or invalidate a valid psychiatric advance directive executed prior to July 1, 2022. (b) The use of the form set forth in Code Section 37-11-16 or a similar form after July 1, 2022, in the creation of a psychiatric advance directive shall be deemed lawful and, when such form is used and it meets the requirements of this chapter, it shall be construed in accordance with the provisions of this chapter. (c) Any person may use another form for a psychiatric advance directive so long as the form is substantially similar to, otherwise complies with the provisions of this chapter, and provides notice to a declarant substantially similar to that contained in the form set forth in Code Section 37-11-16. As used in this subsection, the term 'substantially similar' may include forms from other states.

37-11-16. 'GEORGIA PSYCHIATRIC ADVANCE DIRECTIVE

By: _______________________________________ Date of Birth: ________________

(Print Name)

(Month/Day/Year)

As used in this psychiatric advance directive, the term: (1) "Facility" means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of Title 31 of the Official Code of Georgia Annotated or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof. (2) "Provider" means any person administering mental health care who is licensed, certified, or otherwise authorized or permitted by law to administer mental health care in the ordinary course of business or the practice of a profession, including, but not limited to, professional counselors, psychologists, clinical social workers, marriage and family therapists, and clinical nurse specialists in psychiatric and mental health; a physician; or any person acting for any such authorized person.
This psychiatric advance directive has four parts:

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GENERAL ACTS AND RESOLUTIONS, VOL. I
STATEMENT OF INTENT AND TREATMENT PREFERENCES. This part allows you to state your intention for this document and state your mental health treatment preferences and consent if you have been determined to be incapable of making informed decisions about your mental health care. PART ONE will become effective only if you have been determined in the opinion of a physician or licensed psychologist who has personally examined you, or in the opinion of a court, to lack the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and you are unable to give or communicate rational reasons for mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability. Reasonable and appropriate efforts will be made to communicate with you about your mental health treatment preferences before PART ONE becomes effective. You should talk to your family and others close to you about your intentions and mental health treatment preferences.

PART TWO

MENTAL HEALTH CARE AGENT. This part allows you to choose someone to make mental health care decisions for you when you cannot make mental health care decisions for yourself. The person you choose is called a mental health care agent. You should talk to your mental health care agent about this important role.

PART THREE OTHER RELATED ISSUES. This part allows you to give important information to people who may be involved with you during a mental health care crisis.

PART FOUR

EFFECTIVENESS AND SIGNATURES. This part requires your signature and the signatures of two witnesses. You must complete PART FOUR if you have filled out any other part of this form.

You may fill out any or all of the first three parts listed above. You must fill out PART FOUR of this form in order for this form to be effective.

You should give a copy of this completed form to people who might need it, such as your mental health care agent, your family, and your physician. Keep a copy of this completed form at home in a place where it can easily be found if it is needed. Review this completed form periodically to make sure it still reflects your preferences. If your preferences change, complete a new psychiatric advance directive.

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Using this form of psychiatric advance directive is completely optional. Other forms of psychiatric advance directives may be used in Georgia.

You may revoke this completed form at any time that you are capable of making informed decisions about your mental health care. If you choose to revoke this form, you should communicate your revocation to your providers, your agents, and any other person to whom you have given a copy of this form. This completed form will supersede any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that you have completed before completing this form to the extent that such other documents relate to mental health care and are inconsistent with the information contained in this form.

PART ONE: STATEMENT OF INTENT AND TREATMENT PREFERENCES

[PART ONE will become effective only if you have been determined in the opinion of a physician or licensed psychologist who has personally examined you, or in the opinion of a court, to lack the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and you are unable to give or communicate rational reasons for mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability. Reasonable and appropriate efforts will be made to communicate with you about your mental health treatment preferences before PART ONE becomes effective. PART ONE will be effective even if PARTS TWO or THREE are not completed. If you have not selected a mental health care agent in PART TWO, or if your mental health care agent is not available, then PART ONE will communicate your treatment preferences to your providers or a facility providing care to you. If you have selected a mental health care agent in PART TWO, then your mental health care agent will have the authority to make health care decisions for you regarding matters guided by your mental health treatment preferences and other factors described in this PART.]

(1) STATEMENT OF INTENT

I, (your name)

, being of sound mind, willfully and

voluntarily make this psychiatric advance directive as a means of expressing in advance

my informed choices and consent regarding my mental health care in the event I become

incapable of making informed decisions on my own behalf. I understand this document

becomes effective if it is determined by a physician or licensed psychologist who has

personally examined me, or in the opinion of a court, that I lack the capacity to

understand the risks, benefits, and alternatives to a mental health care treatment decision

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GENERAL ACTS AND RESOLUTIONS, VOL. I

under consideration and I am unable to give or communicate rational reasons for my mental health care treatment decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.

If I am deemed incapable of making mental health care decisions, I intend for this document to constitute my advance authorization and consent, based on my past experiences with my illness and knowledge gained from those experiences, for treatment that is medically indicated and consistent with the preferences I have expressed in this document.

I understand this document continues in operation only during my incapacity to make mental health care decisions. I understand I may revoke this document only during periods when I am mentally capable.

I intend for this psychiatric advance directive to take precedence over any advance directive for health care executed pursuant to Chapter 32 of Title 31 of the Official Code of Georgia Annotated, durable power of attorney for health care creating a health care agency under the former Chapter 36 of Title 31 of the Official Code of Georgia Annotated, as such chapter existed on and before June 30, 2007, health care proxy, or living will that I have executed prior to executing this form to the extent that such other documents relate to mental health care and are inconsistent with this executed document.

In the event that a decision maker is appointed by a court to make mental health care decisions for me, I intend this document to take precedence over all other means of determining my intent while I was competent.

It is my intent that a person or facility involved in my care shall not be civilly liable or criminally prosecuted for honoring my wishes as expressed in this document or for following the directions of my agent.

(2) INFORMATION REGARDING MY SYMPTOMS The following are symptoms or behaviors I typically exhibit when escalating toward a mental health crisis. If I exhibit any of these symptoms or behaviors, an evaluation may be needed regarding whether I am incapable of making mental health care decisions:
__________________________________________________________________ __________________________________________________________________ _____________________________________________________________________ The following may cause me to experience a mental health crisis or to make my symptoms worse:

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__________________________________________________________________ __________________________________________________________________ ____________________________________________________________________ The following techniques may be helpful in de-escalating my crisis: __________________________________________________________________ __________________________________________________________________ ____________________________________________________________________ When I exhibit the following behaviors, I would like to be evaluated to determine whether I have regained the capacity to make my mental health care decisions: __________________________________________________________________ __________________________________________________________________ _____________________________________________________________________

(3) PREFERRED CLINICIANS The names of my doctors, therapists, pharmacists, and other mental health care professionals and their telephone numbers are:
Name and telephone numbers: _________________________________________________________________ _________________________________________________________________ ____________________________________________________________________ I prefer and consent to treatment from the following clinicians: Names:
__________________________________________________________________ __________________________________________________________________ ___________________________________________________________________ I refuse to be treated by the following clinicians: Names: _________________________________________________________________ _________________________________________________________________ ___________________________________________________________________

(4) TREATMENT INSTRUCTIONS Medications I am currently using and consent to continue to use the following medications (include all medications, whether for mental health care treatment or general health care treatment):
_________________________________________________________________ _________________________________________________________________ ____________________________________________________________________ If additional medications become necessary, I prefer and consent to take the following medications:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

__________________________________________________________________ __________________________________________________________________ ____________________________________________________________________ I cannot tolerate the following medications because: __________________________________________________________________ __________________________________________________________________ ____________________________________________________________________ I am allergic to the following medications: __________________________________________________________________ __________________________________________________________________ ______________________________________________________________________

If my preferred medications cannot be given and I have not appointed an agent in PART TWO to make an alternative decision for me, I want my treating physician to choose an alternative medication that would best meet my mental health needs, subject to any limitations I have expressed in my treating instructions above. (Check "yes" if you agree with this statement and "no" if you disagree with this statement.) Yes _____ No______

In the event I need to have medication administered, I would prefer and consent to the

following methods (Check "yes" or "no" and list a reason for your request if you have

one.):

Medication in pill form:

Yes __________ No _____________

Reason: _______________________________________________________________

Liquid medication:

Yes __________ No _____________

Reason: _______________________________________________________________

Medication by injection:

Yes __________ No _____________

Reason: _______________________________________________________________

Covert medication

(without my knowledge in drink or food): Yes __________ No _____________

Reason: _______________________________________________________________

Hospitalization is Not My First Choice It is my intention, if possible, to stay at home or in the community with the following supports:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If I need outpatient therapy, I prefer and consent to it being provided by: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

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Additional instructions that may help me avoid a hospitalization: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Treatment Facilities If it becomes necessary for me to be hospitalized, I would prefer and consent to being treated at the following facilities:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I refuse to be treated at the following facilities: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Reason(s) for wishing to avoid the above facilities: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I generally react to being hospitalized as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Staff at a facility can help me by doing the following: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I give permission for the following people to visit me:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Additional Interventions (Please place your initials in the blanks)

I prefer the following interventions as indicated by my initials and consent to any

intervention where I have initialed next to "yes."

Seclusion:

Yes ___________ No _____________

Reason: _______________________________________________________________

Physical restraints:

Yes ___________ No _____________

Reason: _______________________________________________________________

Experimental treatment:

Yes ___________ No _____________

Reason: _______________________________________________________________

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Electroconvulsive therapy (ECT):

Yes ___________ No _____________

Reason: _______________________________________________________________

Any limitations on consent to the administration of electroconvulsive therapy:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Other instructions as to my preferred interventions:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(5) ADDITIONAL STATEMENTS [This section is optional. This PART will be effective even if this section is left blank. This section allows you to state additional mental health treatment preferences, to provide additional guidance to your mental health care agent (if you have selected a mental health care agent in PART TWO), or to provide information about your personal and religious values about your mental health care and treatment. Understanding that you cannot foresee everything that could happen to you, you may want to provide guidance to your mental health care agent (if you have selected a mental health care agent in PART TWO) about following your mental health treatment preferences.] ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

PART TWO: MENTAL HEALTH CARE AGENT

[PART ONE will be effective even if PART TWO is not completed. If you do not wish to appoint an agent, do not complete PART TWO. A provider who is directly involved in your health care or any employee of that provider may not serve as your mental health care agent unless such employee is your family member, friend, or associate and is not directly involved in your health care. An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority may not serve as your mental health care agent unless such person is your family member, friend, or associate and is not directly involved in your health care. If you are married, a future divorce or annulment of your marriage will revoke the selection of your current spouse as your mental health care agent unless you indicate otherwise in Section (10) of this PART. If you are not married, a future marriage will revoke the selection of your mental health care agent unless the person you selected as your mental health care agent is your new spouse.]

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(6) MENTAL HEALTH CARE AGENT I select the following person as my mental health care agent to make mental health care decisions for me:
Name: ________________________________________________________________ Address: ______________________________________________________________ Telephone Numbers: _____________________________________________________
(Home, Work, and Mobile)

Agent's Acceptance: I have read this form, and I certify that I do not, have not, and will not provide mental health care and treatment for: (your name) ____________________ I accept the designation as agent for: (your name) _____________________________ (Agent's signature and date) _______________________________________________

(7) BACK-UP MENTAL HEALTH CARE AGENT [This section is optional. PART TWO will be effective even if this section is left blank.] If my mental health care agent cannot be contacted in a reasonable time period and cannot be located with reasonable efforts or for any reason my mental health care agent is unavailable or unable or unwilling to act as my mental health care agent, then I select the following, each to act successively in the order named, as my back-up mental health care agent(s):
Name: ________________________________________________________________ Address: _______________________________________________________________ Telephone Numbers: _____________________________________________________
(Home, Work, and Mobile)

Back-up Agent's Acceptance: I have read this form, and I certify that I do not, have not, and will not provide mental health care and treatment for: (your name) ______________________ I accept the designation as agent for: (your name) _____________________________ (Back-up agent's signature and date) ________________________________________

Name:_________________________________________________________________ Address: _______________________________________________________________ Telephone Numbers: _____________________________________________________
(Home, Work, and Mobile)

Back-up Agent's Acceptance: I have read this form, and I certify that I do not, have not, and will not provide mental health care and treatment for: (your name) _____________________ I accept the designation as agent for: (your name) _____________________________ (Back-up agent's signature and date)________________________________________

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(8) GENERAL POWERS OF MENTAL HEALTH CARE AGENT My mental health care agent will make mental health care decisions for me when I have been determined in the opinion of a physician or licensed psychologist who has personally examined me, or in the opinion of a court, to lack the capacity to understand the risks and benefits of, and the alternatives to, a mental health care treatment decision under consideration and I am unable to give or communicate rational reasons for my mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.

My mental health care agent will have the same authority to make any mental health care decision that I could make. My mental health care agent's authority includes, for example, the power to:
Request and consent to admission or discharge from any facility; Request, consent to, authorize, or withdraw consent to any type of provider or mental health care that is consistent with my instructions in PART ONE of this form and subject to the limitations set forth in Section (4) of PART ONE; and Contract for any health care facility or service for me, and to obligate me to pay for these services (and my mental health care agent will not be financially liable for any services or care contracted for me or on my behalf).

My mental health care agent will be my personal representative for all purposes of federal or state law related to privacy of medical records (including the Health Insurance Portability and Accountability Act of 1996) and will have the same access to my medical records that I have and can disclose the contents of my medical records to others for my ongoing mental health care.

My mental health care agent may accompany me in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger, and my mental health care agent may visit or consult with me in person while I am in a facility if its protocol permits visitation.

My mental health care agent may present a copy of this psychiatric advance directive in lieu of the original, and the copy will have the same meaning and effect as the original.

I understand that under Georgia law: My mental health care agent may refuse to act as my mental health care agent; and A court can take away the powers of my mental health care agent if it finds that my mental health care agent is not acting in accordance with this directive.

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(9) GUIDANCE FOR MENTAL HEALTH CARE AGENT In the event my directive is being used, my agent should first look at my instructions as expressed in PART ONE. If a situation occurs for which I have not expressed a preference, or in the event my preference is not available, my mental health care agent should think about what action would be consistent with past conversations we have had, my treatment preferences as expressed in PART ONE, my religious and other beliefs and values, and how I have handled medical and other important issues in the past. If what I would decide is still unclear, then my mental health care agent should make decisions for me that my mental health care agent believes are in my best interests, considering the benefits, burdens, and risks of my current circumstances and treatment options.

I impose the following limitations on my agent's authority to act on my behalf: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

(10) WHEN SPOUSE IS MENTAL HEALTH CARE AGENT AND THERE HAS BEEN A DIVORCE OR ANNULMENT OF OUR MARRIAGE [Initial if you agree with this statement; leave blank if you do not.] __________ I desire the person I have named as my agent, who is now my spouse, to remain as my agent even if we become divorced or our marriage is annulled.

PART THREE: OTHER RELATED ISSUES

[PART THREE is optional. This psychiatric advance directive will be effective even if PART THREE is left blank.]
(11) GUIDANCE FOR LAW ENFORCEMENT I typically react to law enforcement in the following ways:
____________________________________________________________________ ____________________________________________________________________ _____________________________________________________________________ The following person(s) may be helpful in the event of law enforcement involvement: Name: ______________________________Telephone Number: _________________ Relationship: ___________________________________________________________ Name: ______________________________Telephone Number: _________________

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Relationship: ___________________________________________________________

(12) HELP FROM OTHERS The following people are part of my support system (child care, pet care, getting my mail, paying my bills, etc.) and should be contacted in the event of a crisis:
Name: ______________________________Telephone Number: _________________ Responsibility: __________________________________________________________ Name: ______________________________Telephone Number: _________________ Responsibility: __________________________________________________________ Name: ______________________________Telephone Number: _________________ Responsibility: __________________________________________________________

PART FOUR: EFFECTIVENESS AND SIGNATURES

This psychiatric advance directive will become effective only if I have been determined in the opinion of a physician or licensed psychologist who has personally examined me, or in the opinion of a court, to lack the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and I am unable to give or communicate rational reasons for my mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.
This form revokes any psychiatric advance directive that I have executed before this date. To the extent this form is in conflict or is inconsistent with any advance directive for health care, durable power of attorney for health care, health care proxy, or living will executed by me at any time, this form shall control with respect to my mental health care.
Unless I have initialed below and have provided alternative future dates or events, this psychiatric advance directive will become effective at the time I sign it and will remain effective until my death.
__________ (Initials) This psychiatric advance directive will become effective on or upon (date) ________________ and will terminate on or upon (date) ________________.
[You must sign and date or acknowledge signing and dating this form in the presence of two witnesses. Both witnesses must be of sound mind and must be at least 18 years of age, but the witnesses do not have to be together or present with you when you sign this form. A witness:

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Cannot be a person who was selected to be your mental health care agent or back-up mental health care agent in PART TWO; Cannot be a provider who is providing mental health care to you at the time you execute this directive or an employee of such provider unless the witness is your family member, friend, or associate and is not directly involved in your mental health care; and Cannot be an employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless the witness is your family member, friend, or associate and is not directly involved in your mental health care.]

By signing below, I state that I am of sound mind and capable of making this psychiatric advance directive and that I understand its purpose and effect.

_____________________________________ (Signature of Declarant)

________________________ (Date)

The declarant signed this form in my presence or acknowledged signing this form to me. Based upon my personal observation, the declarant appeared to be of sound mind and mentally capable of making this psychiatric advance directive and signed this form willingly and voluntarily.

_____________________________________ (Signature of First Witness)

________________________ (Date)

Print Name: _____________________________________________________________ Address: _______________________________________________________________

_____________________________________ (Signature of Second Witness)

________________________ (Date)

Print Name: _____________________________________________________________ Address: _______________________________________________________________

[This form does not need to be notarized.]'"

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PART II SECTION 2-1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-6B-3, relating to applicability of the 'Georgia Power of Attorney Act,' as follows:
"10-6B-3. This chapter shall apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to make health care decisions, including but limited to, mental health care decisions; (3) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (5) A power created by a person other than an individual; (6) A power that grants authority with respect to a single transaction or series of related transactions involving real estate; (7) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments; (8) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business; (9) Powers of attorney provided for under Titles 19 and 33; and (10) As set forth in Code Section 10-6B-81."

SECTION 2-2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-5, relating to assisted suicide and notification of licensing board regarding violation, by revising paragraphs (3) and (4) of subsection (c) as follows:
"(3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or

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intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or"

SECTION 2-3. Said title is further amended in Code Section 16-5-101, relating to neglect to a disabled adult, elder person, or resident, by revising subsection (b) as follows:
"(b) The provisions of this Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31, or any employee or agent thereof to provide essential services or shelter to any person in the absence of another legal obligation to do so."

SECTION 2-4. Said title is further amended in Code Section 16-5-102.1, relating to trafficking of a disabled adult, elder person, or resident, by revising subsection (f) as follows:
"(f) This Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a psychiatric advance directive, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker."

SECTION 2-5. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-8-23, relating to where records of adoption are kept, examination by parties and attorneys, and use of information by agency and department, by revising paragraph (1) of subsection (d) as follows:

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"(d)(1) Upon the request of a party at interest in the adoption, a child, legal guardian, health care agent, or mental health care agent of an adopted individual or a provider of medical services to such a party, child, legal guardian, health care agent, or mental health care agent when certain information would assist in the provision of medical care, a medical emergency, or medical diagnosis or treatment, the department or child-placing agency shall access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical and health history information contained in its records pertaining to an adopted individual or the biological parents or relatives of the biological parents of the adopted individual. For purposes of this paragraph, the term 'health care agent' shall have the meaning provided by Code Section 31-32-2 and the term 'mental health care agent' shall have the meaning provided by Code Section 37-11-3."

SECTION 2-6. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in Code Section 29-4-10, relating to petition for appointment of guardian and requirements for petition, by revising paragraph (6) of subsection (b) as follows:
"(6) Whether, to the petitioner's knowledge, there exists any living will, durable power of attorney for health care, advance directive for health care, psychiatric advance directive, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument;"

SECTION 2-7. Said title is further amended in Code Section 29-4-21, relating to rights and privileges removed from ward upon appointment of guardian, by revising subsection (b) as follows:
"(b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, a health care agent under an advance directive for health care, or a mental health care agent under a psychiatric advance directive."

SECTION 2-8. Said title is further amended in Code Section 29-5-21, relating to rights and powers removed from ward upon appointment of conservator, by revising subsection (b) as follows:
"(b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward's agent under a durable power of attorney for health care, health care agent under an advance directive for health care, or mental health care agent under a psychiatric advance directive."

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SECTION 2-9. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-8-55, relating to entry and investigative authority, cooperation of government agencies, and communication with residents, by revising subsection (b) as follows:
"(b) The state ombudsman or community ombudsman shall have the authority to enter any long-term care facility and shall use his or her best efforts to enter such facility during normal visiting hours. Upon entering the long-term care facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the facility, individually or in groups. The ombudsman shall have access to the medical and social records of any resident if:
(1) The ombudsman has the permission of the resident or the legal representative or guardian of the resident; (2) The resident is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the resident and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interests of the resident; and (B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance directive for health care; a mental health care agent under a psychiatric advance directive; or an executor, executrix, administrator, or administratrix of the estate of a deceased resident. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility to which the residents have or the general public has access. Entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents."

SECTION 2-10. Said title is further amended in Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment, by revising paragraphs (1) and (1.1) of subsection (a) as follows:
"(1) Any adult, for himself or herself, whether by living will, advance directive for health care, psychiatric advance directive under Chapter 11 of Title 37, or otherwise; (1.1) Any person authorized to give such consent for the adult under an advance directive for health care or durable power of attorney for health care under Chapter 32 of this title or psychiatric advance directive under Chapter 11 of Title 37;"

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SECTION 2-11.
Said title is further amended in Code Section 31-32-2, relating to definitions relative to the "Georgia Advance Directive for Health Care Act," by adding new paragraphs to read as
follows: "(10.1) 'Mental health care' shall have the same meaning as in Code Section 37-11-3. (10.2) 'Mental health care agent' means an agent appointed under a psychiatric advance directive in accordance with Chapter 11 of Title 37." "(12.1) 'Psychiatric advance directive' means a written document voluntarily executed by an individual in accordance with the requirements of Code Section 37-11-9."

SECTION 2-12. Said title is further amended in Code Section 31-32-4, relating to the advance directive for health care form, by revising paragraph (3) of PART ONE of the form as follows:
"(3) GENERAL POWERS OF HEALTH CARE AGENT My health care agent will make health care decisions for me when I am unable to communicate my health care decisions or I choose to have my health care agent communicate my health care decisions.

My health care agent will have the same authority to make any health care decision that I could make. My health care agent's authority includes, for example, the power to:
Admit me to or discharge me from any hospital, skilled nursing facility, hospice, or other health care facility or service; Request, consent to, withhold, or withdraw any type of health care; and Contract for any health care facility or service for me, and to obligate me to pay for these services (and my health care agent will not be financially liable for any services or care contracted for me or on my behalf).

My health care agent will be my personal representative for all purposes of federal or state law related to privacy of medical records (including the Health Insurance Portability and Accountability Act of 1996) and will have the same access to my medical records that I have and can disclose the contents of my medical records to others for my ongoing health care.

My health care agent may accompany me in an ambulance or air ambulance if in the opinion of the ambulance personnel protocol permits a passenger, and my health care agent may visit or consult with me in person while I am in a hospital, skilled nursing facility, hospice, or other health care facility or service if its protocol permits visitation.

My health care agent may present a copy of this advance directive for health care in lieu of the original, and the copy will have the same meaning and effect as the original.

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I understand that under Georgia law: My health care agent may refuse to act as my health care agent; A court can take away the powers of my health care agent if it finds that my health care agent is not acting properly; and My health care agent does not have the power to make health care decisions for me regarding sterilization, involuntary hospitalization, or involuntary treatment for mental or emotional illness, developmental disability, or addictive disease. My health care agent does not have the power to make health care decisions that are otherwise covered under a psychiatric advance directive that I have executed pursuant to Chapter 11 of Title 37 of the Official Code of Georgia Annotated, including decisions related to treatment or hospitalization for mental or emotional illness, developmental disability, or addictive disease."

SECTION 2-13. Said title is further amended in Code Section 31-32-7, relating to duties and responsibilities of health care agents, by revising paragraph (1) of subsection (e) and by adding a new subsection to read as follows:
"(1) The health care agent is authorized to consent to and authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment, or procedures relating to the physical or mental health of the declarant, including any medication program, surgical procedures, life-sustaining procedures, or provision of nourishment or hydration for the declarant, but not including sterilization or involuntary hospitalization or involuntary treatment covered by Title 37;" "(g) With respect to mental health care, the duties and responsibilities of a health care agent under this chapter shall be subordinate to the duties and responsibilities of a mental health care agent under Chapter 11 of Title 37 and subject to the terms of a psychiatric advance directive executed by the declarant before, simultaneously with, or after the advance directive for health care under which the health care agent is acting."

SECTION 2-14. Said title is further amended in Code Section 31-32-10, relating to immunity from liability or disciplinary action, by revising subsection (a) by deleting "and" at the end of paragraph (4), by replacing the period with "; and" at the end of paragraph (5), and by adding a new paragraph to read as follows:
"(6) In the event a declarant has appointed a mental health care agent, no health care provider, health care facility, or person who relies in good faith on the direction of such mental health care agent shall be subject to civil or criminal liability or discipline for unprofessional conduct for complying with any direction or decision of such mental health care agent in the event the declarant's condition is subsequently determined to be a non-mental health care related condition."

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SECTION 2-15. Said title is further amended in Code Section 31-32-12, relating to restriction on requiring and preparing advance directives for health care, by revising subsection (b) as follows:
"(b) A health care facility shall only be authorized to prepare or offer to prepare an advance directive for health care if specifically requested to do so by a person desiring to execute an advance directive for health care or, if such health care facility's offer is not coercive in nature and such person consents to such offer. For purposes of this subsection, the Department of Corrections shall not be deemed to be a health care facility."

SECTION 2-16. Said title is further amended in Code Section 31-32-14, relating to effect of chapter on other legal rights and duties, by adding a new subsection to read as follows:
"(g) With respect to mental health care, nothing in this chapter shall supersede the duties and responsibilities of a mental health care agent under Chapter 11 of Title 37 or the terms of a psychiatric advance directive executed by the declarant before, simultaneously with, or after the advance directive for health care under which the health care agent is acting."

SECTION 2-17. Said title is further amended in Code Section 31-33-2, relating to furnishing copy of records to patient, provider, or other authorized person, by revising paragraph (2) of subsection (a) as follows:
"(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care, a psychiatric advance directive, or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by the following persons:
(A) The executor, administrator, or temporary administrator for the decedent's estate if such person has been appointed; (B) If an executor, administrator, or temporary administrator for the decedent's estate has not been appointed, by the surviving spouse; (C) If there is no surviving spouse, by any surviving child; and (D) If there is no surviving child, by any parent."

SECTION 2-18. Said title is further amended in Code Section 31-36A-3, relating to definitions relative to the "Temporary Health Care Placement Decision Maker for an Adult Act," by adding a new paragraph to read as follows:
"(1.1) 'Psychiatric advance directive' means a written document voluntarily executed by an individual in accordance with the requirements of Code Section 37-11-9."

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SECTION 2-19. Said title is further amended in Code Section 31-36A-6, relating to persons authorized to consent, expiration of authorization, limitations on authority to consent, effect on other laws, and immunity from liability or disciplinary action, by revising paragraph (2) of subsection (a) as follows:
"(2) Any person authorized to give such consent for the adult under an advance directive for health care, psychiatric advance directive, or durable power of attorney for health care under Chapter 32 of this title;"

SECTION 2-20.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in
Code Section 37-1-1, relating to definitions relative to governing and regulation of mental
health, by adding new paragraphs to read as follows: "(11.1) 'Mental health care agent' means an agent appointed under a psychiatric advance directive in accordance with Chapter 11 of Title 37." "(16.1) 'Psychiatric advance directive' means a written document voluntarily executed by an individual in accordance with the requirements of Code Section 37-11-9."

SECTION 2-21. Said title is further amended in Code Section 37-1-20, relating to obligations of the Department of Behavioral Health and Developmental Disabilities, by revising paragraph (18) as follows:
"(18) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department. As used in this Code section, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider that provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, shall contract with host homes. The occupant owner or lessee shall not be the guardian of any person served, the conservator of the property of such person, the health care agent in such person's advance directive for health care, or the mental health care agent in such person's psychiatric advance directive. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person;"

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SECTION 2-22.
Said title is further amended in Code Section 37-2-30, relating to definitions relative to the Office of Disability Services Ombudsman, by revising paragraph (7) and by adding a new
paragraph, to read as follows: "(7) 'Health care agent' means an agent under a durable power of attorney for health care, a health care agent under an advance directive for health care, or a mental health care agent under a psychiatric advance directive." "(9.1) 'Psychiatric advance directive' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 37-11-9."

SECTION 2-23. Said title is further amended by revising Code Section 37-3-20, relating to admission of voluntary patients, consent of parent or guardian to treatment, and giving notice of rights to patient at time of admission, as follows:
"37-3-20. (a) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his or her parent or guardian, any patient who has a psychiatric advance directive and for whom such application is made by his or her mental health care agent, and any patient who has been declared legally incompetent and for whom such application is made by his or her guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section 37-3-21 or 37-3-22. The parents or guardian of a minor child must give written consent to such treatment. An individualized service plan shall be developed for such person as soon as possible. (b) Any individual voluntarily admitted to a facility under this Code section shall be given notice of his or her rights under this chapter at the time of admission."

SECTION 2-24. Said title is further amended by revising Code Section 37-3-147, relating to representatives and guardians ad litem, notification provisions, and duration and scope of guardianship ad litem, as follows:
"37-3-147. (a) At the time a person who has mental illness is admitted to any facility under this chapter or as soon thereafter as reasonably possible given the person's condition or mental state at the time of admission, such facility shall use diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the person's clinical record. (b) The patient may designate one representative; the second representative or, in the absence of designation of one representative by the patient, both representatives shall be

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selected by the facility. If the facility is to select both representatives, it must make one selection from among the following persons in the order of listing: the patient's mental health care agent, legal guardian, spouse, adult child, parent, attorney, adult next of kin, or adult friend, provided that, in the case of a patient whose representative or representatives have been appointed by the court under Code Section 37-3-62, the facility shall not select a different representative. The second representative shall also be selected from the above list but without regard to the order of listing, provided that the second representative shall not be the person who filed the petition to have the patient admitted to the facility. (c) If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the patient, that fact shall be entered in the patient's clinical record and the facility shall apply to the court in the county of the patient's residence for the appointment of a guardian ad litem, which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a patient for whom two representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall also act as representative of the patient and shall have the powers granted to representatives by this chapter. (d) At any time notice is required by this chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under this Code section. The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first-class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the patient's clinical record. Service shall be completed upon mailing. (e) At any time notice is required by this chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to comprehend the written notice, a reasonable effort shall be made to explain the notice to him or her. (f) At the time a court enters an order pursuant to this chapter, such order and notice of the date of entry of the order shall be served on the patient and his or her representatives as provided in subsection (d) of this Code section. (g) Notice of an involuntary patient's admission to a facility shall be given to his or her representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. (h) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment."

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SECTION 2-25. Said title is further amended in Code Section 37-3-148, relating to right of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter, by revising subsection (a) as follows:
"(a) At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, relative, or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release, provided that, in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 17-7-130 or 17-7-131, a copy of the petition along with proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested."

SECTION 2-26. Said title is further amended by revising Code Section 37-4-107, relating to appointment of client representatives and guardians ad litem, notification provisions, and duration and scope of guardianship ad litem, as follows:
"37-4-107. (a) At the time a client is admitted to any facility under this chapter, that facility shall make diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the client's clinical record. (b) The client may designate one representative; the second representative or, in the absence of designation of one representative by the client, both representatives shall be selected by the facility. If the facility is to select both representatives, it must make one selection from among the following persons in the order of listing: the client's mental health care agent, legal guardian, spouse, adult child, parent, attorney, adult next of kin, or adult friend. The second representative shall also be selected from the above list but without regard to the order of listing, provided that the second representative shall not be the person who filed the petition seeking an order for the client to receive services from the department. (c) If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the client, that fact shall be entered in the client's clinical record and the facility shall apply to the court in the county of the client's residence for the appointment of a guardian ad litem, which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a client for whom two representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the client's rights. Such guardian ad litem shall act as representative of the client on whom notice is to be

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served under this chapter and shall have the powers granted to representatives by this chapter. (d) At any time notice is required by this chapter to be given to the client's representatives, such notice shall be served on the representatives designated under this Code section. The client's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first-class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the client's clinical record. Service shall be completed upon mailing. (e) At any time notice is required by this chapter to be given to the client, the date on which notice is given shall be entered on the client's clinical record. If the client is unable to comprehend a written notice, a reasonable effort shall be made to explain the notice to him or her. (f) At the time a court enters an order pursuant to this chapter, such order and notice of the date of entry of the order shall be served on the client and his or her representatives as provided in subsection (d) of this Code section. (g) Notice of a client's admission to a facility shall be given to his or her representatives in writing. (h) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment."

SECTION 2-27. Said title is further amended in Code Section 37-4-108, relating to right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter, by revising subsection (a) as follows:
"(a) At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, relative, or friend on behalf of such person may petition as provided by law for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release, provided that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 17-7-130 or 17-7-131, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested."

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SECTION 2-28. Said title is further amended by revising Code Section 37-7-147, relating to appointment of patient representatives and guardians ad litem, notice provisions, and duration and scope of guardianship ad litem, as follows:
"37-7-147. (a) At the time a patient is admitted to any facility under this chapter, that facility shall use diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the patient's clinical record. (b) The patient may designate one representative; the second representative or, in the absence of designation of one representative by the patient, both representatives shall be selected by the facility. If the facility is to select both representatives, it must make one selection from among the following persons in the order of listing: the patient's mental health care agent, legal guardian, spouse, adult child, parent, attorney, adult next of kin, or adult friend, provided that, in the case of a patient whose representative or representatives have been appointed by the court under Code Section 37-7-62, the facility shall not select a different representative. The second representative shall also be selected from the above list but without regard to the order of listing, provided that the second representative shall not be the person who filed the petition to have the patient admitted to the facility. (c) If the facility is unable to secure at least two representatives after diligent search or if the department is the guardian of the patient, that fact shall be entered in the patient's clinical record and the facility shall apply to the court in the county of the patient's residence for the appointment of a guardian ad litem, which guardian ad litem shall not be the department. On application of any person or on its own motion, the court may also appoint a guardian ad litem for a patient for whom two representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall also act as representative of the patient and shall have the powers granted to representatives by this chapter. (d) At any time notice is required by this chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under this Code section. The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served in person or by first-class mail. When notice is served by mail, a record shall be made of the date of mailing and shall be placed in the patient's clinical record. Service shall be completed upon mailing. (e) At any time notice is required by this chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to comprehend the written notice, a reasonable effort shall be made to explain the notice to him or her. (f) At the time a court enters an order pursuant to this chapter, such order and notice of the date of entry of the order shall be served on the patient and his or her representatives as provided in subsection (d) of this Code section.

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(g) Notice of an involuntary patient's admission to a facility shall be given to his or her representatives in writing. If such involuntary admission is to an emergency receiving facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. (h) In every instance in which a court shall appoint a guardian ad litem for any person pursuant to the terms of this chapter, such guardianship shall be for the limited purpose stated in the order of the court and shall expire automatically after 90 days or after a lesser time stated in the order. The responsibility of the guardian ad litem shall not extend beyond the specific purpose of the appointment."

SECTION 2-29. Said title is further amended by revising Code Section 37-7-148, relating to rights of patients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by this chapter, as follows:
"37-7-148. (a) At any time and without notice, a person detained by a facility, a mental health care agent named in such person's psychiatric advance directive, a legal guardian of such person, or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release, provided that, in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 17-7-130 or 17-7-131, a copy of the petition along with proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested. (b) A patient or his or her representatives may file a petition in the appropriate court alleging that the patient is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter."

SECTION 2-30. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act," by revising paragraph (9) as follows:
"(9) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care, a health care agent under a valid advance directive for health care, or a mental health care agent under a valid psychiatric advance directive, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of a functionally dependent older adult or other adult suffering from dementia, who lives

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in the same residence with such individual, and who does not receive financial compensation for the care provided. A substantiated case of abuse, neglect, or exploitation, as defined in Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act,' or pursuant to any other civil or criminal statute regarding an older adult, shall prohibit a primary caregiver from receiving benefits under this article unless authorized by the department to prevent further abuse."

SECTION 2-31. Said title is further amended in Code Section 49-6-82, relating to definitions relative to licensure of adult day centers, by revising paragraph (7) as follows:
"(7) 'Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care, a health care agent under a valid advance directive for health care, or a mental health care agent under a valid psychiatric advance directive, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of an aging adult, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided."

PART III SECTION 3-1.

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

Approved May 9, 2022.

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PROFESSIONS AND BUSINESSES ALLOWS UNLICENSED AUDIOLOGISTS TO USE OTOACOUSTIC EMISSIONS OR AUDITORY BRAINSTEM RESPONSE TECHNOLOGY IN SCREENING PROCESS FOR INITIAL IDENTIFICATION OF COMMUNICATION DISORDERS IN CERTAIN INDIVIDUALS; PROVIDES FOR COMPLIANCE WITH CERTAIN REPORTING REQUIREMENTS.

No. 838 (House Bill No. 1186).

AN ACT

To amend Article 1 of Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to state speech-language pathology and audiology licensing, so as to allow persons who are not licensed audiologists to use otoacoustic emissions or auditory brainstem

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response technology as part of a screening process for the initial identification of communication disorders in individuals up to age 22, subject to certain conditions; to provide for compliance with certain notifiable disease 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. Article 1 of Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to state speech-language pathology and audiology licensing, is amended in Code Section 43-44-7, relating to license required, exemptions, and posting license, by revising subsection (h) and adding a new subsection to read as follows:
"(h) A person who is not licensed as an audiologist may perform nondiagnostic electro-physiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification of communication disorders in persons from birth through 22 years of age, provided that:
(1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter; (2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist; (3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as 'pass or fail' or 'pass or refer'; (4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and (5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of demographic information of the individual being screened; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation." "(l) All persons subject to the provisions of this Code section shall be required to comply with notifiable disease reporting requirements promulgated by the Department of Public Health pursuant to Code Section 31-12-2."

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

Approved May 9, 2022.

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PROFESSIONS AND BUSINESSES REINSTATEMENT OF LAPSED FUNERAL DIRECTOR'S LICENSE; REMOVES LIMITATIONS ON RENEWALS OF APPRENTICESHIP REGISTRATIONS.

No. 839 (House Bill No. 1193).

AN ACT

To amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for reinstatement of a lapsed funeral director's license under certain conditions; to remove the limitations on renewals of apprenticeship registrations; 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 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, is amended by adding a new Code section to read as follows:
"43-18-43.1. If a licensee who has passed the examination for licensure as a funeral director required under this part and who has not been subject to disciplinary action by the board allows his or her license to lapse for a period of not more than ten years, the board shall reinstate such funeral director's license upon such applicant for reinstatement:
(1) Paying the total amount of all renewal fees for the period during which the license was lapsed, plus a reinstatement fee not to exceed the amount of the biennial renewal fee; and (2) Successfully completing continuing education hours as the board may require under Code Section 43-18-56, unless such continuing education hours would be waived under subsection (c) of Code Section 43-18-56, if such applicant for reinstatement had not let the license lapse."

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SECTION 2. Said part is further amended by revising Code Section 43-18-51, relating to renewal of registration of apprenticeship, as follows:
"43-18-51. A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served after a registration has been revoked will not be carried forth into any subsequent apprenticeship period."

SECTION 3. Said part is further amended by revising subsection (c) of Code Section 43-18-54, relating to refusal to grant apprenticeship registration, grounds for suspension, revocation, limitation of, or refusal to renew registration, and reregistration, as follows:
"(c) An apprentice who has failed to renew that person's registration or who has had that person's registration suspended or revoked may, within one year after such expiration, suspension, or revocation, make application for registration. An applicant for reregistration whose previous apprenticeship was revoked for failure to renew may be granted full credit for the time previously served prior to expiration. An applicant for reregistration whose previous apprenticeship was suspended or revoked upon any of the grounds set forth in subsection (b) of this Code section, however, may be granted credit for no more than 75 percent of the time previously served prior to the disciplinary action. In all other cases regarding applicants for reregistration, the board may, when the circumstances warrant, allow an apprentice credit under a reregistration for time actually served under a previous registration."

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 9, 2022.

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PROFESSIONS AND BUSINESSES REVISES COMPOSITION OF GEORGIA BOARD OF DENTISTRY.

No. 840 (House Bill No. 1219).

AN ACT

To amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to dentists, dental hygienists, and dental assistants, so as to revise the composition of the Georgia Board of Dentistry; 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 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to dentists, dental hygienists, and dental assistants, is amended by revising Code Section 43-11-2, relating to creation of and composition of the Georgia Board of Dentistry, qualifications and voting rights of members, terms of office, vacancies, and enjoining violations as follows:
"43-11-2. (a) A board to be known as the Georgia Board of Dentistry is created. The board shall consist of 17 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section.
(b)(1) Thirteen members of the board shall be dentists and shall be appointed as follows: The members of the board who are dentists serving on July 1, 1981, shall continue to serve out their respective terms of office. As each such member's term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term; and, from each group of four dentists so nominated, the Governor may appoint one as the new member of said board. (2) Two members of the board shall be dental hygienists who are not dentists, who are residents of this state, and who are practicing dental hygienists in this state and shall be appointed by the Governor. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a dental hygienist for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each

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expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board. (3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor. (4) One member of the board shall be a resident of this state who has direct knowledge of the education of dental students in this state and shall be appointed by the Board of Regents of the University System of Georgia. (5) The term of office of each member of the board shall be for five years and until the appointment and qualification of a successor. (6) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (c) No one shall be eligible as a dentist member of the board unless he or she is a citizen of this state and has lawfully engaged in the practice of dentistry for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college. (d)(1) The dental hygienist members of the board may vote only on matters relating to dental hygiene, administration, and policy which do not directly relate to practical or scientific examination of dentists for licensing in this state. (2) The citizen member of the board appointed pursuant to paragraph (3) of subsection (b) of this Code section may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of dentists and dental hygienists for licensing in this state. (e) The board may bring an action to enjoin any person, firm, partnership, corporation, or other entity who without being licensed or registered to do so by the board engages in or practices the profession of dentistry. The proceeding shall be filed in the county in which such person resides or, in the case of a firm, partnership, corporation, or other entity where the firm, partnership, corporation, or other entity maintains its principal office. Unless it shall be made to appear that such person, firm, partnership, corporation, or other entity so engaging in or practicing dentistry is licensed or registered, the injunction shall be issued, and such person, firm, partnership, corporation, or other entity shall be perpetually enjoined from such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this subsection that the board allege and prove that there is no adequate remedy at law. It is declared that such unlicensed activities as are mentioned in this chapter are a menace and a nuisance dangerous to the public health, safety, and welfare."

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

Approved May 9, 2022.

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EDUCATION QUALITY BASIC EDUCATION ACT; RECESS FOR STUDENTS IN KINDERGARTEN AND GRADES ONE THROUGH FIVE; LOCAL BOARD OF EDUCATION POLICIES ALLOWING UNSTRUCTURED BREAK TIME.

No. 841 (House Bill No. 1283).

AN ACT

To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for recess for students in kindergarten and grades one through five; to provide for local board of education policies allowing unstructured break time; 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 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by revising Code Section 20-2-323, relating to unstructured break time for students in kindergarten through grade eight, as follows:
"20-2-323. (a) Beginning in the 2022-2023 school year, each elementary school shall schedule recess for all students in kindergarten and grades one through five every school day; provided, however, that recess shall not be required on any school day on which a student has had physical education or structured activity time or if reasonable circumstances impede such recess, such as inclement weather when no indoor space is available, assemblies or field trips exceeding their scheduled duration, conflicts occurring at the scheduled recess time over which the classroom teacher has no control, or emergencies, disasters, or acts of God. (b) Each local board of education shall establish written policies allowing unstructured break time for students in kindergarten and grades one through eight. The policies shall include, but shall not be limited to, the following matters:
(1) The school personnel who will be authorized to decide the length, frequency, timing, and location of breaks; (2) Whether breaks can be withheld from students for disciplinary or academic reasons and, if breaks can be withheld, under what conditions; (3) How to ensure break time is a safe experience for students, including the responsibility for supervision of students; and

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(4) How to ensure that break time is scheduled so as to provide a support for academic learning. Local boards shall provide a copy of such policies to the State Board of Education."

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

Approved May 9, 2022.

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REVENUE AND TAXATION REVISES AND EXTENDS SUNSET DATE FOR SALES TAX EXEMPTION FOR SALE OR LEASE OF COMPUTER EQUIPMENT TO BE INCORPORATED INTO FACILITIES OF HIGH-TECHNOLOGY COMPANIES AND EXEMPTION FOR CERTAIN HIGH-TECHNOLOGY DATA CENTER EQUIPMENT.

No. 842 (House Bill No. 1291).

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 revise the terms and extend the sunset date for a sales tax exemption for the sale or lease of computer equipment to be incorporated into facilities of high-technology companies; to extend the sunset and revise certain terms of an exemption for certain high-technology data center equipment; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from
sales and use tax, is amended in paragraph (68) by revising subparagraph (G) as follows: "(G) This paragraph shall stand repealed and reserved by operation of law at the last moment of December 31, 2023."

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SECTION 2. Said Code section is further amended by revising paragraph (68) as follows:
"(68)(A)(i) 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, provided that the exemption allowed under this paragraph shall be limited to those purchases or leases made by such a high-technology company for calendar years during which the high-technology company made taxable purchases or leases of at least $15 million worth of such computer equipment. (ii) Notwithstanding the provisions of division (i) of this subparagraph to the contrary, on and after January 1, 2024, the exemption allowed under this paragraph shall be limited such that each person claiming the exemption allowed by this paragraph shall be subject to paying 10 percent of all taxes imposed by this chapter on the first $15 million of its eligible purchases or leases for which an exemption is claimed under this paragraph. (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, including, but not limited to, 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) Such term shall not include:
(I) Telephone central office equipment or other voice data transport technology, including any wireline or wireless telecommunication system; (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process;

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(III) Computers or devices issued to employees, which shall include, but not be limited to, smartphones, tablets, wearables, personal computers, and laptops; or (IV) Prewritten computer software. (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 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 December 31, 2028."

SECTION 3. Said Code section is further amended by revising subparagraph (A), division (v) of subparagraph (G), and subparagraph (H) of paragraph (68.1) as follows:
"(68.1)(A) For the period commencing on July 1, 2018, and ending on December 31, 2031, high-technology data center equipment to be incorporated or used in a high-technology data center that meets the high-technology data center minimum investment threshold and other conditions provided in this paragraph."
"(v) 'High-technology data center minimum investment threshold' means: (I) For high-technology data centers located in a county in this state having a population greater than 50,000 according to the United States decennial census of 2010 or any future such census, the creation of 25 new quality jobs and $250 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2031, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center; (II) For high-technology data centers located in a county in this state having a population greater than 30,000 and less than 50,001 according to the United States decennial census of 2010 or any future such census, the creation of ten new quality

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jobs and $75 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2031, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center; and (III) For high-technology data centers located in a county in this state having a population less than 30,001 according to the United States decennial census of 2010 or any future such census, the creation of five new quality jobs and $25 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2031, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center." "(H) This paragraph shall stand repealed by operation of law on January 1, 2032."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 2 of this Act shall become effective on January 1, 2024, and shall be applicable to transactions occurring on or after such date.

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

Approved May 9, 2022.

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MOTOR VEHICLES AND TRAFFIC DEALER LICENSE PLATE ISSUANCE STANDARDS.

No. 843 (House Bill No. 1481).

AN ACT

To amend Code Section 40-2-38 of the Official Code of Georgia Annotated, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer headquarters, distributor, and dealer plates, so as to provide for standards for issuance of dealer license plates; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-38 of the Official Code of Georgia Annotated, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer headquarters, distributor, and dealer plates, is amended by revising subsection (b) as follows:
"(b)(1) Dealer plates shall be issued in the following manner: (A) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (B) In addition to the three dealer plates issued in accordance with subparagraph (A) of this paragraph, each dealer may also be issued one additional dealer plate for every 20 units sold in a calendar year.
(2) In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records of documentation approved by the department. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales. (3) Until January 1, 2025, the allocation of the additional number and classification of plates to a dealer shall be no less than the amount such dealer qualified for as of January 1, 2020. This paragraph shall stand repealed on January 1, 2025."

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

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

Approved May 9, 2022.

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CONSERVATION AND NATURAL RESOURCES REVISES PROVISIONS REGARDING THE GEORGIA MUSIC HALL OF FAME AUTHORITY; REPEALS PROVISIONS RELATING TO JOINT OPERATION BETWEEN GEORGIA MUSIC HALL OF FAME AND GEORGIA SPORTS HALL OF FAME.

No. 844 (House Bill No. 1516).

AN ACT

To amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, so as to provide for definitions; to provide for the continuation in office of the members of the authority; to provide for membership, appointment, and qualifications; to repeal provisions relating to joint operation between the Georgia Music Hall of Fame and the Georgia Sports Hall of Fame; to revise the corporate purposes and general powers; to provide for jurisdiction of actions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, is amended by revising Code Section 12-3-521, relating to definitions, as follows:
"12-3-521. As used in this part, the term:
(1) 'Authority' means the Georgia Music Hall of Fame Authority. (2) 'Classic Center' means one or more facilities of the Classic Center Authority. (3) 'Classic Center Authority' means the Classic Center Authority for Clarke County, approved March 10, 1988 (Ga. L. 1988, p. 3799), as amended. (4) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the

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project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia. (5) 'Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes."

SECTION 2. Said part is further amended by revising subsections (a) and (b) of Code Section 12-3-522, relating to creation, membership, meetings, expense allowance, perpetual existence, and records, as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Music Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state. No provision of this part is intended to diminish or impair, nor shall any provision be construed as diminishing or impairing, the rights of any person or entity under any contract with the authority. The members of the authority serving on June 30, 2022, shall continue to serve as members of the authority until their successors are designated and qualified as provided for in subsection (b) of this Code section.
(b)(1) The authority shall consist of nine members. The chairperson of the Georgia Hall of Fame Overview Committee shall be a member and shall serve an initial term of office of four years. The Governor shall appoint four members who represent the state's music industry and each of the following cities: Athens, Augusta, Macon, and Savannah. Such members shall serve initial terms of office as follows: two members for three years and two members for four years. The Speaker of the House of Representatives shall appoint two members who shall serve initial terms of office as follows: one member for one year and one member for two years. The President of the Senate shall appoint two members who shall serve initial terms of office as follows: one member for one year and one member for two years. After the initial terms of office, members shall serve for a term of four years and until the appointment and qualification of their successors. The Governor, Speaker of the House of Representatives, and President of the Senate are authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term.

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(2) Upon the appointment and qualification of the members as provided for in this subsection, such members shall succeed the members in office on June 30, 2022, and the terms of such members in office on June 30, 2022, shall thereupon expire. (3) In addition to the members provided for in paragraph (1) of this subsection, the board members of the Classic Center Authority shall appoint one of its members, and the Governor shall appoint one member who represents the Recording Academy or other entity that produces the GRAMMY Awards, to serve as nonvoting ex officio members of the authority."

SECTION 3. Said part is further amended by repealing Code Section 12-3-522.1, relating to joint operation between the Georgia Music Hall of Fame and the Georgia Sports Hall of Fame and proposals for accomplishing objectives.

SECTION 4. Said part is further amended by revising Code Section 12-3-523, relating to corporate purpose and general nature of business, as follows:
"12-3-523. The corporate purpose and general nature of the business of the authority shall be:
(1) Coordinating with the Classic Center Authority and entities dedicated to archiving and collecting music history and artifacts to house the Georgia Music Hall of Fame; (2) Operating, advertising, and promoting the Georgia Music Hall of Fame; and (3) Promoting music events throughout the state."

SECTION 5. Said part is further amended by revising paragraph (20) of Code Section 12-3-524, relating to general powers, as follows:
"(20) To select a site for the housing of a state music hall of fame;"

SECTION 6. Said part is further amended by adding a new Code section to read as follows:
"12-3-524.2. (a) At all times, the authority shall maintain ownership of the Music Hall of Fame collection; provided, however, that, upon request, the authority may rotate and share materials of the collection throughout the state. (b) The collection shall be managed, displayed, promoted, advertised, and procured in compliance with all applicable copyright and trademark laws."

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

Approved May 9, 2022.

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COURTS CRIMES AND OFFENSES HEALTH MODERNIZES HIV RELATED LAWS; RENDERS UNLAWFUL CERTAIN CONDUCT RELATED TO RISK OF TRANSMISSION; PROVIDES THAT HYPODERMIC NEEDLES AND SYRINGES ARE NOT CONSIDERED DRUG RELATED OBJECTS.

No. 845 (Senate Bill No. 164).

AN ACT

To amend Code Section 15-11-471, Title 16, and Code Section 31-22-9.1 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile delinquency, crimes and offenses, and who may perform HIV tests, respectively, so as to provide for the modernization of HIV related laws to align with science to ensure that laws and policies support current understanding of best public health practices for preventing and treating HIV, scientific evidence about routes of transmission, and the public health goals of promoting HIV prevention and treatment; to revise definitions; to provide that certain conduct by a person living with HIV is unlawful if such conduct has a significant risk of transmission; to provide that hypodermic needles and syringes are not considered drug related objects; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-11-471 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile delinquency, is amended by revising paragraph (7) as follows:
"(7) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body."

SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-5-60, relating to reckless conduct causing harm to or endangering the bodily safety of another, conduct by HIV infected persons, and assault by HIV infected persons or hepatitis infected persons, as follows:

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"16-5-60. (a)(1) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (2) As used in this Code section, the term 'person living with HIV' means a person who has a confirmed positive HIV test, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
(b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor. (c) A person living with HIV who:
(1) Knowingly engages in a sexual act with the intent to transmit HIV and does not disclose his or her status as being a person living with HIV to the other person prior to that sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission; provided, however, that this paragraph shall not apply to a person living with HIV who is forced into a sexual act against his or her will; or (2) Offers or consents to perform with another person a sexual act for money with the intent to transmit HIV without disclosing his or her status as being a person living with HIV to that other person prior to offering or consenting to perform the sexual act when such act has a significant risk of transmission based on current scientifically supported levels of risk of transmission, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years."

SECTION 3. Said title is further amended in Code Section 16-13-1, relating to drug related objects, by revising paragraph (3) of subsection (a) as follows:
"(3) 'Drug related object' means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes:
(A) To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B) To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (C) To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or (D) To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state. This term shall not include a hypodermic needle or syringe."

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SECTION 4. Said title is further amended in Code Section 16-13-32, relating to transactions in drug related objects, civil forfeiture, and penalties, by revising subsections (a) and (e) as follows:
"(a) As used in this Code section, the term: (1) 'Drug related object' means any instrument, device, or object which is designed or marketed as useful primarily for one or more of the following purposes: (A) To ingest, inhale, or otherwise introduce marijuana or a controlled substance into the human body; (B) To enhance the effect of marijuana or a controlled substance on the human body; (C) To test the strength, effectiveness, or purity of marijuana or a controlled substance; (D) To process or prepare marijuana or a controlled substance for introduction into the human body; (E) To conceal any quantity of marijuana or a controlled substance; or (F) To contain or hold marijuana or a controlled substance while it is being introduced into the human body. This term shall not include a hypodermic needle or syringe. (2) 'Knowing' means either actual or constructive knowledge of the drug related nature of the object; and a person or corporation has constructive knowledge of the drug related nature of the object if he or it has knowledge of facts which would put a reasonable and prudent person on notice of the drug related nature of the object."
"(e) All instruments, devices, and drug related objects which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband, and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2."

SECTION 5. Said title is further amended by revising Code Section 16-13-32.1, relating to transactions in drug related objects, evidence as to whether object is drug related, civil forfeiture, and penalties, as follows:
"16-13-32.1. (a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (b) Unless stated within the body of the advertisement or notice that the object or materials that are advertised or about which information is disseminated are not available for distribution of any sort in this state, it shall be unlawful for any person or corporation to

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sell, rent, lease, give, exchange, distribute, or possess with intent to distribute any advertisement of any kind or notice of any kind which gives information, directly or indirectly, on where, how, from whom, or by what means any object or materials may be obtained or made, which object or materials such person or corporation intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (c) In determining whether any object or materials are intended for any of the purposes listed in subsections (a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a trial under this Code section, any evidence admissible on this question under the rules of evidence shall be admitted. Subject to the rules of evidence, when they are the object of an offer of proof in a court proceeding, the following factors are among those that should be considered by a court or other authority on this question:
(1) Statements by an owner or anyone in control of the object or materials; (2) Instructions provided with the object or materials; (3) Descriptive materials accompanying the object or materials; (4) National and local advertising or promotional materials concerning the object or materials; (5) The appearance of, and any writing or other representations appearing on, the object or materials; (6) The manner in which the object or materials are displayed for sale or other distribution; (7) Expert testimony concerning the object or materials; and (8) Any written or pictorial materials which are present in the place where the object is located. (d) For a first offense, any person or corporation which violates any provision of this Code section shall be guilty of a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00. (e) All objects and materials which are distributed or possessed in violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term 'proceeds' shall have the same meaning as set forth in Code Section 9-16-2. (f) This Code section shall not apply to hypodermic needles or syringes."

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SECTION 6. Said title is further amended by revising Code Section 16-13-32.2, relating to possession and use of drug related objects, as follows:
"16-13-32.2. (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (b) Any person or corporation which violates any provision of this Code section shall be guilty of a misdemeanor. (c) This Code section shall not apply to hypodermic needles or syringes."

SECTION 7.
Code Section 31-22-9.1 of the Official Code of Georgia Annotated, relating to who may perform HIV tests, is amended by revising paragraph (12) of subsection (a) as follows:
"(12) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body."

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

Approved May 9, 2022.

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CRIMES AND OFFENSES PROVIDES THAT USE OF ANY DEVICE TO PHOTOGRAPH OR RECORD PATIENTS IN FACILITY OPERATED BY COUNTY BOARD OF HEALTH SHALL BE UNLAWFUL.

No. 846 (Senate Bill No. 539).

AN ACT

To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that the use of any device to photograph or record patients in a facility operated by a county board of health shall be unlawful; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by revising Code Section 16-11-62, relating to eavesdropping, surveillance, or intercepting communication which invades privacy of another, and divulging private message, as follows:
"16-11-62. It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; (B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; (C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded; or (D) For a law enforcement officer or his or her agent to use a device in the lawful performance of his or her official duties to observe, photograph, videotape, or record the activities of persons that occur in the presence of such officer or his or her agent; (3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities; (4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;

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(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65; (6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; (7) Any person, through the use of any device, without the consent of all patients observed, to knowingly photograph or record the activities of patients which occur in a facility that is operated by a county board of health created pursuant to Code Section 31-3-1, except that such acts shall not be unlawful as provided in subparagraphs (2)(A) through (2)(D) of this Code section; or (8) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (7) of this Code section which invade the privacy of another."

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

Approved May 9, 2022.

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TORTS WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES PROHIBITS RECOVERY AGAINST VALUE OF CHILD'S LIFE BY PARENT RESPONSIBLE FOR CHILD'S HOMICIDE; FORFEITURE OF INTESTATE SHARE OF ESTATE.

No. 847 (Senate Bill No. 543).

AN ACT

To amend Chapter 4 of Title 51 of the Official Code of Georgia Annotated, relating to wrongful death, so as to provide that a parent who is determined to be responsible for the homicide of his or her child shall have no right of recovery against the value of the child's life; to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates generally, so as to provide for forfeiture of an intestate share of an estate under certain circumstances; 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 4 of Title 51 of the Official Code of Georgia Annotated, relating to wrongful death, is amended by revising Code Section 51-4-4, relating to wrongful death of a child, as follows:
"51-4-4. The right to recover for the homicide of a child shall be as provided in Code Section 19-7-1 and Code Section 53-1-5."

SECTION 2. Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates generally, is amended in Code Section 53-1-5, relating to right of an individual who feloniously and intentionally kills or conspires to kill to inherit, by revising subsections (a) and (b) as follows:
"(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent's estate, including, but not limited to, the right to recover under Code Sections 19-7-1, 51-4-2, or 51-4-4, and to serve as a personal representative or trustee of the decedent's estate or any trust created by the decedent. For purposes of this Code section, the killing or conspiring to kill or procuring another to kill is felonious and intentional if the killing would constitute murder or felony murder or voluntary manslaughter under the laws of this state. (b) An individual who forfeits the right to take an interest from a decedent's estate by virtue of this Code section forfeits the right to take any interest such individual would otherwise take at the decedent's death by intestacy, year's support, will, deed, power of appointment, the right to recover under Code Sections 19-7-1, 51-4-2, or 51-4-4, or by any other conveyance duly executed during life by the decedent and is treated as having predeceased the decedent for purposes of determining the distribution of the decedent's property and of appointing personal representatives or trustees."

SECTION 3. This Act shall become effective on July 1, 2022.

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

Approved May 9, 2022.

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WATERS OF THE STATE, PORTS, AND WATERCRAFT AUTHORIZES PERSONS AGE 15 OR OLDER TO OPERATE A CLASS 1, CLASS 2, OR CLASS 3 VESSEL.

No. 848 (Senate Bill No. 553).

AN ACT

To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of registration, operation, and sale of watercraft, so as to authorize any person 15 years of age or older to operate a Class 1, Class 2, or Class 3 vessel on any of the waters of this state if such person meets certain conditions pertaining to licensure, education, and accompaniment by 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. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-8.3, relating to operation of watercraft, identification, and operation by minors, as follows:
"52-7-8.3. (a) A person 16 years of age or older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person has in such vessel proper identification. (b) A person 15 years of age or older may operate a Class 1, Class 2, or Class 3 vessel on any of the waters of this state if such person:
(1) Has in such vessel either proper identification or an instruction permit issued pursuant to subsection (a) of Code Section 40-5-24; (2) Is accompanied by an adult 18 years of age or older, in or on the vessel, who is authorized to operate such vessel under the provisions of subsection (a) of this Code section, and is ready and capable of taking immediate control of the vessel; and (3) Has met the applicable requirements of Code Section 52-7-22. (c) A person 12 through 15 years of age may operate a personal watercraft or Class A vessel on any of the waters of this state in compliance with the provisions of this article if such person: (1) Is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or (2) Has completed a boating education course approved by the department.

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(d) No person between 12 through 14 years of age may operate a Class 1, Class 2, or Class 3 vessel. (e) No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section. (f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section. (g) No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or equivalency examination from another state. (h) As used in this Code section, the term:
(1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2. (3) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages."

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

Approved May 9, 2022.

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HEALTH HOSPITALS TO ADOPT POLICIES REGARDING SURGICAL SMOKE.

No. 849 (Senate Bill No. 573).

AN ACT

To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care facilities, so as to require hospitals and ambulatory surgical centers to adopt policies to protect patients and health care workers from the hazards of surgical smoke; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care facilities, is amended in Article 2, relating to the Georgia Building Authority, by redesignating Code Section 31-7-23 as Code Section 31-7-24 and by adding a new Code section to the end of Article 1, relating to regulation of hospitals and related institutions, to read as follows:
"31-7-23. (a) As used in this Code section, the term 'surgical smoke' means the gaseous by-product produced from the interaction of tools or heat-producing equipment used for dissection and hemostasis during surgical or invasive procedures. (b) Each hospital and ambulatory surgical center shall adopt policies for the reduction of human exposure to surgical smoke."

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

Approved May 9, 2022.

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PROPERTY DESIGNATES GEORGIA STATE PLANE COORDINATE SYSTEM; PROVIDES FOR STANDARD OF ACCURACY AND SPECIFICATIONS FOR PROPERTY SURVEYS; PROVIDES FOR CONVERSION OF DISTANCES BETWEEN METERS AND FEET.

No. 850 (Senate Bill No. 581).

AN ACT

To amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, so as to designate the most recent systems of plane coordinates for defining and stating geographic positions within this state as the Georgia State Plane Coordinate System; to provide for new names of the east and west zones of the coordinate system; to use the National Geodetic Survey to provide the precise definition of such zones; to provide alternative plane coordinates for expressing location of a point; to provide for the State Board of Registration for Professional Engineers and Land Surveyors to establish by rules and regulations the standard of accuracy and specifications for property surveys; to provide for the use of certain terms; to provide for the conversion of distances between meters and feet; to validate the use of prior coordinate systems; to amend Code Section 12-8-97 of the Official Code of Georgia Annotated, relating to hazardous site inventory, so as to conform a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. To amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries, by revising Article 2, relating to coordinate system, as follows:

"ARTICLE 2

44-4-20. (a) The Georgia portion of the State Plane Coordinate System as defined by the National Geodetic Survey, based on the National Spatial Reference System, for defining and stating the geographic positions or locations of points on the surface of the earth within this state shall be known and designated as the 'Georgia State Plane Coordinate System.' (b) For the purpose of the use of this system, the state is divided into an 'East Zone' and a 'West Zone':
(1) The area now included in the following counties shall constitute the East Zone: Appling, Atkinson, Bacon, Baldwin, Brantley, Bryan, Bulloch, Burke, Camden, Candler,

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Charlton, Chatham, Clinch, Coffee, Columbia, Dodge, Echols, Effingham, Elbert, Emanuel, Evans, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Madison, Montgomery, Oglethorpe, Pierce, Richmond, Screven, Stephens, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Washington, Wayne, Wheeler, Wilkes, and Wilkinson; and (2) The area now included in the following counties shall constitute the West Zone: Baker, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Carroll, Catoosa, Chattahoochee, Chattooga, Cherokee, Clark, Clay, Clayton, Cobb, Colquitt, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dooly, Dougherty, Douglas, Early, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Grady, Gwinnett, Habersham, Hall, Haralson, Harris, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Lumpkin, Macon, Marion, Meriwether, Miller, Mitchell, Monroe, Morgan, Murray, Muscogee, Newton, Oconee, Paulding, Peach, Pickens, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Rockdale, Schley, Seminole, Spalding, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Towns, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Webster, White, Whitfield, Wilcox, and Worth.

44-4-21. (a) As established for use in the East Zone, the Georgia State Plane Coordinate System shall be named; and, in any land description in which it is used, shall be designated as the 'Georgia State Plane Coordinate System East Zone.' (b) As established for use in the West Zone, the Georgia State Plane Coordinate System shall be named; and, in any land description in which it is used, shall be designated as the 'Georgia State Plane Coordinate System West Zone.'

44-4-22. The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of the Georgia State Plane Coordinate System, shall consist of two distances expressed in either meters and decimals of a meter or, following conversion as provided in Code Section 44-4-27, in feet and decimals of a foot when using the Georgia State Plane Coordinate System. One of these distances, to be known as the East or x-coordinate shall give the distance east of the Y axis; the other, to be known as the North or y-coordinate shall give the distance north of the X axis. The Y axis of any zone shall be parallel with the central meridian of the zone. The X axis of any zone shall be perpendicular to the central meridian of that zone.

44-4-23. When any tract of land to be defined by a single description extends from one into the other of the coordinate zones established in Code Section 44-4-21, the positions of all points on

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its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.

44-4-24. No coordinates based on either Georgia State Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point has been connected by survey to a monumented horizontal control station that is identified and has been established in conformity with the standards of accuracy and specifications as shall be specified by rules and regulations established by the State Board of Registration for Professional Engineers and Land Surveyors.

44-4-25. The use of the term 'Georgia State Plane Coordinate System East Zone,' 'Georgia State Plane Coordinate System West Zone,' on any map, report of survey, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate Systems as defined in this article.

44-27-26. The term 'Grid North, Georgia East Zone' refers to the fixed north direction in the East Zone, being Geodetic North for the central meridian of that zone. The term 'Grid North, Georgia West Zone' refers to the fixed north direction in the West Zone, being Geodetic North for the central meridian of that zone. The applicable Grid North term and the basis of orientation shall appear on maps of survey that are purported oriented to a Georgia State Plane Coordinate System zone.

44-4-27. Any conversion of distances between the meter and the foot shall be based upon the length of the meter (exactly) equals 3.280839895 feet.

44-4-28. Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Georgia State Plane Coordinate System. Nothing in this article shall be so construed as to require any person, firm, or corporation to use this system of coordinates to obtain or secure a legal description of land or real estate.

44-4-29. (a) Any legal description prepared under the provisions of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part

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of this Code until July 1, 1985, shall not be invalid based on the use of such coordinate system. (b) Any continual use of legal descriptions prepared under the terms of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until July 1, 1985, which have been recorded or filed in official records within this state, shall not be invalid based on the use of such coordinate system. (c) Any continual use of legal descriptions prepared under the terms of the Georgia Coordinate System provided by an Act approved on March 28, 1985 (Ga. L. 1985, p. 650), and continued as a part of this Code until July 1, 2022, which have been recorded or filed in the official records within this state, shall not be invalid based on the use of such coordinate system.

44-4-30. (a) The use of the term 'Georgia State Plane Coordinate System' on any map, report of survey, legal description, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate System as defined by this article. (b) The provisions of this article shall not be construed to prohibit the appropriate use of other geodetic reference networks."

SECTION 2. Code Section 12-8-97 of the Official Code of Georgia Annotated, relating to hazardous site inventory, is amended by revising subsection (d) as follows:
"(d) After July 1, 1993, each property owner who owns real property upon which hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in amounts exceeding reportable quantities shall, within 30 days of receipt of knowledge by the property owner of the release or disposal, notify the division in writing on such forms as may be provided by the director. This notification shall include the location, type, quantity, and date of such disposal or release, if known, and a summary of actions taken to investigate, clean up, or remediate the site. Such notification shall include a quadrangle map prepared in accordance with the National Geodetic Survey or a Georgia State Plane Coordinate System pursuant to Article 2 of Chapter 4 of Title 44 that clearly indicates the location of the disposal or release; provided, however, that any property owner that has notified the United States Environmental Protection Agency under Section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, may satisfy this notification requirement by submitting a copy of the 103(c) notice together with such quadrangle map."

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

Approved May 9, 2022.

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HIGHWAYS, BRIDGES, AND FERRIES AUTHORIZES COUNTIES TO USE DESIGN-BUILD CONTRACTS FOR ROAD PROJECTS.

No. 851 (Senate Bill No. 586).

AN ACT

To amend Part 2 of Article 3 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to exercise by counties of power to contract for road projects generally, so as to authorize the use of the design-build contracting method by counties; to provide for procedures, conditions, and limitations upon such contracting method; to provide for an exception to contract 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. Part 2 of Article 3 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to exercise by counties of power to contract for road projects generally, is amended in Code Section 32-4-63, relating to limitations on power to contract and at least two estimates required for certain expenditures, by revising subsection (a) as follows:
"(a) A county is prohibited from negotiating a contract except a contract: (1) Involving the expenditure of less than $200,000.00; (2) With a state agency or county or municipality with which a county is authorized to contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62; (3) For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Chapter 91 of Title 36; (4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or a publicly or privately owned utility concerning relocation of its line, tracks, or facilities where the same are not then located in a public road and such relocation or grade-crossing elimination is necessary as an incident to the construction of a new public road or to the reconstruction or maintenance of an existing public road. Nothing

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contained in this paragraph shall be construed as requiring a county to furnish a site or right of way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road; (5) For engineering or other kinds of professional or specialized services; (6) For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; (7) Otherwise expressly authorized by law; or (8) That is a design-build contract as provided for in Code Section 32-4-74."

SECTION 2. Said part is further amended by revising Code Section 324-74, relating to applicability of other laws to part, and by enacting a new Code section to read as follows:
"32-4-74. (a) As used in this Code section, the term:
(1) 'Design-build procedure' means a method of contracting under which a county contracts with another party that will both design and build the structures, facilities, systems, and other items specified in the contract. (2) 'Project' means a transportation related undertaking which provides a public benefit. (b) A county 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 a county determines that it is in the best interests of the public, a county 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 project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of Code Section 32-4-63; provided, however, that construction activities shall not begin on any portion of such project until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the county and all railroad crossing and utility agreements have been executed. (d) A county shall adopt by resolution 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;

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(6) Criteria for selection and award process, provided that the resolution 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 a county will determine a list of qualified firms for the project, provided that, if a county determines it is in the county'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 a county 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 a county shall select the lowest qualified bidder or, in the event a county uses the best value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposal 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 a county 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. A county may provide for a stipulated fee to be awarded to the short list of qualified firms that provide a responsive, successful proposal. In consideration for paying the stipulated fee, a county 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 a county believes are candidates for design-build contracting; and (8) Criteria for resolution of contract issues. A county 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. Regardless of the status or disposition of the issue or dispute, the design-builder and a county shall continue to perform their contractual responsibilities. This paragraph shall not prevent an aggrieved party from seeking judicial review. (e) In contracting for design-build projects, a county 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) Any firm selected for a design-build project shall self-perform at least 30 percent of the project.

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32-4-75. Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall not apply to this part."

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

Approved May 9, 2022.

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LABOR AND INDUSTRIAL RELATIONS PROVIDES FOR CERTAIN NONPROFIT ORGANIZATIONS TO HAVE OPTION OF MAKING INSTALLMENT PAYMENTS TO FINANCE UNEMPLOYMENT BENEFITS PAID TO ITS EMPLOYEES FOR CERTAIN TIME PERIODS DURING COVID-19 PUBLIC HEALTH EMERGENCY.

No. 852 (Senate Bill No. 605).

AN ACT

To amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions relative to employment security, so as to provide for certain nonprofit organizations to have the option of making installment payments to finance unemployment benefits paid to its employees for certain time periods during the COVID-19 public health emergency; 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 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions relative to employment security, is amended by adding a new Code section to read as follows:
"34-8-159.1. (a) Notwithstanding Code Section 34-8-158 or any other provision of this chapter, a nonprofit organization that elected to make payments in lieu of contributions as provided in Code Section 34-8-158 between January 1, 2020, and January 1, 2022, that owes more than $360,000.00 for any 12 month period may elect to make such payments over a 36

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month period in equal monthly amounts without penalty or interest; provided, however, this subsection shall only apply if the nonprofit organization purchased or had unemployment insurance coverage during that 12 month period and the insurance carrier providing such unemployment insurance denied coverage for unemployment claims arising from the public health emergency during such period. (b) This Code section shall be repealed in its entirety on December 31, 2026."

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 9, 2022.

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SOCIAL SERVICES REQUIRES DEPARTMENT OF COMMUNITY HEALTH TO CONDUCT COMPREHENSIVE REVIEW OF PROVIDER REIMBURSEMENT RATES FOR HOME AND COMMUNITY BASED SERVICES COVERED BY WAIVER PROGRAMS; DIRECTS DEPARTMENT TO REQUEST THAT FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES AUTHORIZE PRIVATE INSTITUTIONS FOR MENTAL DISEASE TO QUALIFY FOR MEDICAID REIMBURSEMENT FOR CERTAIN TREATMENTS.

No. 853 (Senate Bill No. 610).

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 require the Department of Community Health to conduct a comprehensive review of provider reimbursement rates for home and community based services covered by the waiver programs; to provide for input from the public, service providers, and other stakeholders; to provide for proposed rate models and estimated fiscal impact; to direct the Department of Community Health to submit a waiver request to the federal Centers for Medicare and Medicaid Services to authorize private institutions for mental disease to qualify for Medicaid reimbursement for certain treatments; to provide for implementation upon approval; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding new Code sections to read as follows:
"49-4-142.4. (a) Beginning Fiscal Year 2024, and at least every four years thereafter, the department shall conduct a comprehensive review of provider reimbursement rates for home and community based services covered by the New Options Waiver (NOW) program, the Comprehensive Supports Waiver Program (COMP), the Independent Care Waiver Program (ICWP), the Georgia Pediatric Program (GAPP), and the Elderly and Disabled Waiver Program (EDWP). Such review shall be conducted on all waiver services and shall include input from the public, service providers, and other stakeholders. (b) Based on the comprehensive review conducted pursuant to subsection (a) of this Code section, the department shall develop proposed rate models, related documentation, and associated policy changes to the policies and procedures of each waiver program. In addition, the department shall provide the projected fiscal impact of implementing such proposed rate models. Such proposed rate models, related documentation, associated policy changes, and the projected fiscal impact shall be submitted to the board, the Department of Behavioral Health and Developmental Disabilities, and the General Assembly.

49-4-142.5. (a) No later than December 31, 2022, the department shall submit a waiver request to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to authorize private institutions for mental disease (IMDs) to qualify for Medicaid reimbursement for mental health and substance use disorder treatment. (b) Upon approval of such waiver, the department shall take all necessary steps to provide for payment of such care at private IMDs with Medicaid funds."

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

Approved May 9, 2022.

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NATIVE AMERICAN TRIBES DEDICATION OF TREE ON CAPITOL GROUNDS.

No. 854 (Senate Resolution No. 504).

A RESOLUTION

Recognizing the significant role that Native American tribes have played in Georgia and dedicating a tree on the state capitol grounds in their honor; and for other purposes.

WHEREAS, Georgia is home to three state recognized Native American tribes: the Lower Muscogee Creek Tribe, Cherokee of Georgia, and Georgia Tribe of Eastern Cherokee; and

WHEREAS, the Georgia red cedar tree is also known as the Peace Tree; and

WHEREAS, Native American Honor Day celebrates the rich heritage and traditions of Native Americans and celebrates and recognizes the tremendous contributions made by Native Americans; and

WHEREAS, a Native American Day ceremony will be held at the state capitol on November 17, 2022; and

WHEREAS, it is abundantly fitting and proper that the sacrifice and contributions of Native Americans be recognized appropriately by the planting of a Peace Tree upon the state capitol grounds.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Building Authority is authorized and directed to plant a Georgia red cedar tree upon state capitol grounds in recognition of Native American Honor Day and the three Native American tribes of Georgia.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make an appropriate copy of this resolution available for distribution to the Georgia Building Authority.

Approved May 9, 2022.

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STATE HIGHWAY SYSTEM DEDICATES PORTIONS OF THE STATE HIGHWAY SYSTEM.

No. 855 (Senate Resolution No. 596).

A RESOLUTION

Dedicating certain portions of the state highway system; to provide for an effective date; to repeal conflicting laws; and for other purposes.

PART I WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mr. Isaiah Berry on December 9, 2021; and

WHEREAS, Mr. Berry attended Savannah State College on a football scholarship, where his studies focused on math and electronics; and

WHEREAS, he began his coaching career in 1970 in Eastman and Soperton, Georgia, before becoming a proud Bulldogg at Winder-Barrow High School, where the math teacher coached football and track and field; and

WHEREAS, Mr. Berry was recognized with numerous honors and accolades, including Georgia Athletic Coach of the Year for girls track in 1975 and 1980, Hall of Fame Track/Cross Country Coach of Georgia in 2000, Father of the Year 2001 by Men for a Better Barrow County, the Beacon of Light Award by the Division of Family and Children Services in 2003, the NAACP Appreciation Award in 1995, and Citizen of the Year 2011 and 2021 Shining Star Award by the Barrow County Chamber of Commerce; and

WHEREAS, Mr. Berry and his wife, Margie Nobles, opened their home and their hearts to numerous children in the foster care system for over 25 years; and

WHEREAS, he was highly regarded by the citizens of his community as a person of unquestioned integrity, and his dedication to inspiring young athletes set the standard for excellence; and

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

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PART II WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the untimely passing of Sergeant Barry Henderson on March 9, 2021; and

WHEREAS, Sergeant Henderson 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 with the Polk County Sheriff's Office; and

WHEREAS, Sergeant Henderson 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 III WHEREAS, Dr. Benny Tate has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, Dr. Tate was called by the Lord over 30 years ago to lead the congregation of Rock Springs Church in Milner, Georgia, as the church's senior pastor; and

WHEREAS, his vision and direction have helped Rock Springs Church grow in size from 80 to 8,000 members, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship with seven campuses; and

WHEREAS, Dr. Tate has established numerous programs and workshops which have improved the spiritual and educational growth of the church and the surrounding community, including Rock Springs Medical Clinic, Rock Springs Christian Academy, the Potters House for Women, and Impact Street Ministry; and

WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Tate serves as a shining example of God's righteous path; and

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WHEREAS, Dr. Tate has authored four books: One More Night with Frogs; Happy Wife, Happy Life; When You Follow a Star and Find a Stable; and Bennyisms; and

WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized appropriately by dedicating a road in his honor.

PART IV WHEREAS, Sheriff Ernest "Dobie" Conner is 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, Sheriff Conner began serving Charlton County in 1967 as a deputy sheriff and was first elected sheriff of Charlton County in 1980; and

WHEREAS, he served with honor and distinction as Charlton County Sheriff until his retirement in 2021; and

WHEREAS, during his tenure as sheriff, he placed a heavy emphasis on drug education, spending a significant amount of time in local schools with students, and piloted the Junior Sheriff's program in Charlton County, a summer camp for students with an interest in law enforcement which provides first-hand experience in the field; and

WHEREAS, Sheriff Conner led an exceptional career during his 40 years of service, always putting public safety and the citizens of Charlton County first, and his inspiring commitment to the welfare of others stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

WHEREAS, Sheriff Conner exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART V WHEREAS, Dr. Samuel D. Thomas I was born in 1882 in Ridgeway, South Carolina, and moved to Carrollton, Georgia, in 1918; and

WHEREAS, after graduating from medical school, Dr. Thomas completed his postgraduate work at St. Andrews Hospital in Tuskegee, Alabama; and

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WHEREAS, Dr. Thomas was highly regarded by the citizens of his community as a person of unquestioned integrity, and his dedication to the medical profession set the standard for excellence; and

WHEREAS, a trailblazer who paved the way for others, Dr. Thomas was the first African American physician at Tanner Memorial Hospital in 1918, where he dedicated his time, talents, and energy until his retirement in 1954; and

WHEREAS, in 1962, the Carrollton Housing Authority Board of Commissioners recognized his influence by naming the West Carrollton Housing Development "Thomas Homes"; and

WHEREAS, a man of deep and abiding faith, Dr. Thomas was an active member of Mt. Zion Baptist Church, where he served as deacon and treasurer; 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 VI WHEREAS, Representative Bill Hembree 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, born in Villa Rica, Georgia, and a product of the Douglas County Public School System, Representative Hembree earned a bachelor's degree from Johnson and Wales University; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state, as evidenced dramatically by his superlative service as a member of the Georgia General Assembly for 14 years; and

WHEREAS, from 1999 to 2013, Representative Hembree served with honor and distinction with the Georgia House of Representatives, and his vision and unyielding commitment to representing the residents of his district set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his honor.

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PART VII WHEREAS, the State of Georgia lost one of its finest citizens and law enforcement officers with the passing of Officer Carol Leigh Ledford; and

WHEREAS, Officer Ledford's life was tragically cut short on April 19, 1999, when she was hit head-on by a drunk driver; and

WHEREAS, Officer Ledford was highly regarded by the citizens of her 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, the youngest graduate in her class at Northeast Georgia Police Academy and the first female police officer in White County, Officer Ledford was the embodiment of courage, compassion, and strength; and

WHEREAS, Officer Ledford was passionate about ensuring that Georgia's children were upstanding citizens, speaking with students about the importance of following the law and about the role a police officer plays in the community, as well as hosting numerous camps that taught about the negative consequences of drug and alcohol use; and

WHEREAS, she was promoted to public relations officer and earned the nickname "Cleveland's Young Gun" for her dedication to serving as a role model to children; and

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

PART VIII WHEREAS, Representative Carlton H. Colwell 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 as a member of the Georgia General Assembly, representing the citizens of Union County for over 30 years; and

WHEREAS, during his distinguished tenure with the General Assembly, Representative Colwell championed prison reform and alternatives to incarceration, with his commitment recognized in 1994 with the naming of a probation detention center in his honor by the Georgia Department of Corrections; and

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WHEREAS, Representative Colwell served with honor and distinction with the Georgia General Assembly, and his vision and unyielding commitment to representing the residents of his district set the standard for public service; and

WHEREAS, a graduate of Union County High School, this dedicated public servant was instrumental in numerous projects benefitting Union County visitors and residents; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART IX WHEREAS, Mr. Mike Berg has long been recognized for the vital role that he plays in leadership and his deep personal commitment to the welfare of the citizens of this state; and

WHEREAS, a graduate of Sylvan Hills High School, Mr. Berg earned a bachelor's degree from Georgia State University; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army and retired from the position of manager from the Georgia Power Company; and

WHEREAS, Mr. Berg is the principal for Mike Berg and Associates, Inc., a government and business strategic planning company, and serves as the chief financial officer for Marketing Incentives, which sells promotional marketing incentives; and

WHEREAS, he is an active member of Rotary International, including the South Gwinnett Club, Snellville Club, and Gwinnett Sunrise Club, where he has served as president, a major donor, a GSRP Will Watt fellow, benefactor, Paul Harris Society member, RLI graduate, and area four assistant governor; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including Lake Lanier Association, Coosa North Georgia State Water Planning Commission, and Drawdown Georgia; and

WHEREAS, Mr. Berg has served as president of the Association of County Commissioners of Georgia, chairman of the Board of Commissioners of Dawson County, county commissioner for Gwinnett County District 3, board member for the Institute of Georgia Environmental Leadership, chairman of the Georgia State Public Defender Council, board member for the State Parent Teacher Association, and founder and chairman of Gwinnett United in Drug Education; and

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WHEREAS, it is fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his honor.

PART X WHEREAS, Mrs. Edna Jo Mize was born in Rainsville, Alabama, and has long been recognized for her commitment to uplifting the lives of others and her bright smile; and

WHEREAS, Mrs. Mize dedicated 27 years to the Eastman Kodak Company in Georgia; and

WHEREAS, she is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she has made of her life, she has made this world a better place in which to live; and

WHEREAS, a woman of deep and abiding faith, Mrs. Mize is a faithful member of United Bethel Methodist Church, where she takes pride in meeting and welcoming new members of the church; and

WHEREAS, for years she dedicated her time, talents, and energy to working in the church's nursery and teaching young attendants about the Word of God and power of Jesus Christ; and

WHEREAS, she has worked as a bailiff at the Dawson County Courthouse for 25 years, demonstrating her commitment to the justice system and law and order; and

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

PART XI WHEREAS, Forsyth County is home to roughly 8,000 residents who work in the technology field; and

WHEREAS, the City of Alpharetta has more than 700 technology companies and helps support Tech Alpharetta, a nonprofit that mentors young tech startups and fosters tech business growth; and

WHEREAS, numerous technology companies are located along the Georgia 400 Highway, including Scientific Games, Forte Data Systems, New Cyber Source, and Siemens; and

WHEREAS, leaders from the City of Alpharetta and Forsyth County are committed to promoting technology companies and promoting the area as the technology destination of the Southeast; and

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WHEREAS, dedication of this route as a highway of progress will promote economic development and attract more technology based businesses.

PART XII WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mrs. Doris Greene Mullis; and

WHEREAS, Mrs. Mullis was born in LaFayette, Georgia, the beloved daughter of Reverend Gordon Lee and Eunice Graham Greene; and

WHEREAS, a lifelong resident of Walker County, Mrs. Mullis worked at Crystal Springs mill and inspired future leaders as a teacher at Osburn Elementary and substitute teacher for Chickamauga City Schools; and

WHEREAS, Mrs. Mullis devoted her time, talent, and energy for over 30 years to serving those with developmental disabilities as a case manager with Lookout Mountain Community Services; and

WHEREAS, a woman of deep and abiding faith, Mrs. Mullis was an active and devoted member of First Baptist Church of Chickamauga; and

WHEREAS, her leadership and guidance were invaluable to numerous organizations, including the Cherokee Library Board, Chickamauga Public Schools Parent Teacher Association, and Chickamauga American Legion Ladies Auxiliary; 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.

PART XIII WHEREAS, Congressman Gordon Lee 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 the United States; and

WHEREAS, Congressman Gordon Lee was born on May 29, 1859, near Ringgold, Georgia, and graduated from Emory College in 1880; and

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WHEREAS, Congressman Lee was elected to the Georgia House of Representatives in 1894 and served as a member of the Georgia Senate from 1902 to 1904; and

WHEREAS, he was appointed to the State memorial board by Governor William Atkinson and served as a member of the National Forest Reservation Commission; and

WHEREAS, Congressman Lee served in the United States House of Representatives from 1905 to 1927; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XIV WHEREAS, the McLemore Resort Community is located on a 1,000 acre tract atop Lookout Mountain "above the clouds" in beautiful historic Walker and Dade counties, Georgia; and

WHEREAS, the McLemore Resort Community has an 18-hole spectacular highlands golf course, which has been recognized nationally and internationally as having the "best finishing hole in America since the year 2000" by Golf Digest and the "top 10 finishing hole in the world" by Links Magazine; and

WHEREAS, the McLemore Resort Community includes a fine dining restaurant, corporate event facilities, and a destination wedding site; and

WHEREAS, the resort features the Cloudland Lodge, scheduled to open in late 2023, a luxury hotel as part of the Curio Collection by Hilton, which will include a 30,000 square-foot conference center, a 245 room luxury hotel, a spa and wellness center, two restaurants, and multiple outdoor event spaces and will employ more than 400 hospitality staff, most of whom will be residents of Walker or Dade County; and

WHEREAS, under the leadership of Duane Horton, the McLemore Resort Community will soon be known as one of the most desirable and luxurious tourist and golf destinations in the Southeast, which will provide a tremendous stimulus to the economy of Northwest Georgia; and

WHEREAS, it is abundantly fitting and proper that this excellent corporate citizen be appropriately recognized by dedicating an intersection in its honor.

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PART XV WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Commissioner Allan Bradford on March 23, 2021; and

WHEREAS, Commissioner Bradford was born in Tacoma, Washington, in 1948, and lived a life of service and honor; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army 11th Calvary, valiantly and courageously protecting America during the Vietnam War; and

WHEREAS, his service was recognized with a Purple Heart, the Army Award of Valor, and two Bronze Star medals; and

WHEREAS, he was elected Dade County Commissioner of District 4 Lookout Mountain in 2000, where he was known throughout the community for his love, encouragement, and service to others; and

WHEREAS, a man of deep and abiding faith, Commissioner Bradford was an active member of New Salem Baptist Church; and

WHEREAS, his leadership and guidance were invaluable to numerous organizations, including the Dade County American Legion 106; 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 XVI WHEREAS, Beatrice W. Rumley, was born in Rising Fawn, Georgia, on January 8, 1932, the beloved daughter of Charles W. and Ruth Hester Williams; and

WHEREAS, Ralph H. Rumley was born in Pulaski County, Virginia, on November 21, 1928, and served as a guardian of this nation's freedom and liberty with the United States Navy, spending most of his military service in Adak, Alaska; and

WHEREAS, Mr. Rumley was employed with the Combustion Engineering Company for 28 years, and the couple owned and operated the Georgia Game Park just north of Rising Fawn; and

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WHEREAS, a couple with deep and abiding faith, Mr. Rumley was an active member of Rising Fawn United Methodist Church, and Mrs. Rumley faithfully attended Rising Fawn Baptist Church; and

WHEREAS, Mr. Rumley served on the board of education, was very active with school activities and sports, belonged to several organizations, and was a Mason and Shriner; and

WHEREAS, Mrs. Rumley was past Worthy Matron of the Order of Eastern Star Dade County Chapter #476 and a charter member of the Tri-State Cattlemen's Association; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished couple be recognized appropriately by dedicating an interchange in their memory.

PART XVII WHEREAS, Mayor Ray Crowder is known in Chickamauga, Georgia, for his dedication to public service; and

WHEREAS, Mayor Crowder has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced by his superlative service as a city council member and mayor for over 40 years; and

WHEREAS, in addition to his service in city government, Mayor Crowder has demonstrated his commitment to improving the lives of Chickamaugans as the city's fire chief and as a school board member; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting lives during the Korean conflict; and

WHEREAS, Mayor Crowder founded Ray Crowder Service, an appliance and heating-and-air-conditioning service business, and he and his brother owned and operated Crowder Supply Company for 36 years; and

WHEREAS, his vision and unyielding commitment to others and the citizens of Chickamauga has set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his honor.

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PART XVIII WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Judge Dan Peace Winn; and

WHEREAS, Judge Winn was born in Douglasville, Georgia, on September 19, 1921, and he served as a guardian of this nation's freedom and liberty with the United States Marine Air Corps; and

WHEREAS, during World War II he was deployed to the Marianas Islands and flew night fighter missions out of Guam; and

WHEREAS, his bravery and sacrifice were recognized with the Distinguished Flying Cross and Air Medals, and he was presented the Joe T. LaBoon Award by the Marine Corps Coordinating Council of Greater Atlanta; and

WHEREAS, he attended Young Harris College on a tennis scholarship and graduated from Emory Law School before joining the Georgia Attorney General's Office; and

WHEREAS, in 1948, he moved to Cedartown, Georgia, where he served as City Court Solicitor, Solicitor General, Superior Court Judge, and a Senior Judge; and

WHEREAS, his leadership was instrumental to numerous organizations, including the District Attorneys Association, the Council of Superior Court Judges of Georgia, the Board of Governors, American Judges Association, and World Association of Judges Committee on Judicial Processes and Procedures; and

WHEREAS, his work with the legislature writing state laws and as a member of a Georgia Constitution Revision Commission which produced the state's current constitution earned him the nickname "Rep. Winn from the 57th"; and

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

PART XIX WHEREAS, Senator Robert Alvin Rowan 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 the United States; and

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WHEREAS, Senator Rowan was born on November 17, 1935, on a farm in Berrien County, Georgia, and he developed and honed his oratorical skills at a young age through his years as a 4-H participant; and

WHEREAS, he was elected to the Georgia State Senate in 1962 at the age of 27, where he earned a well-deserved reputation for his ability to use his quick wit and carefully crafted humor to ease tensions and foster compromise; and

WHEREAS, during his tenure with the Senate, Senator Rowan championed mental health and special education issues, served as secretary of the Rules Committee, and was dedicated to improving the quality of life and creating opportunities for growth in rural Georgia; and

WHEREAS, he was appointed to the Board of Human Resources by Governor George Busbee and the Children's Youth Commission by Governor Joe Frank Harris, and was elected to the Public Service Commission in 1985; and

WHEREAS, upon his retirement from public service, Senator Rowan remained active in politics and policy and, as a lobbyist, he worked to build a collaboration between Georgia poultry producers and the Cuban government and consulted with President Jimmy Carter; 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 memory.

PART XX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the untimely passing of Sheriff Jay Vernon Chastain, Sr., on December 8, 1974; and

WHEREAS, Sheriff Jay Vernon Chastain, Sr., was born on February 22, 1927, a beloved son of William Joseph Chastain and Nola Jane Shook Chastain; and

WHEREAS, Sheriff Chastain 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 Towns County Sheriff, and his life was tragically taken in the line of duty while he heroically carried out the difficult responsibilities of his vocation; and

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WHEREAS, Sheriff Chastain 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 recognized appropriately by dedicating an intersection in his memory.

PART XXI WHEREAS, PFC Charles E. Day was born on July 14, 1924, in Coffee County, Georgia, and served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting his fellow Americans during World War II; for his service and sacrifice to this nation, he received a Service Medal with two Bronze Stars, Army Good Conduct Medal, and World War II Victory Medal; and

WHEREAS, PFC Day demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others as a minister to Coffee County and the surrounding communities for 57 years; and

WHEREAS, SFC Jerome Day joined the Georgia National Guard in 1972 and after obtaining the rank of E-4 he joined the United States Army, wherein he valiantly and courageously protected his fellow Americans in Iraq during Operation Desert Storm and Operation Iraqi Freedom; and

WHEREAS, during his years of service and sacrifice to this nation, SFC Day was recognized with a National Defense Service Medal with Bronze Service Star, Bronze Star, Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Korea Defense Service Medal, Armed Expeditionary Medal, South West Asia Medal, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, Kuwait Liberation Medal, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; and

WHEREAS, PFC Day and SFC Day are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, these individuals represent the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the

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outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately by dedicating a bridge in their honor.

PART XXII WHEREAS, the State of Georgia lost one of its most kind-hearted and promising leaders of the legal profession with the untimely passing of Judge Ramn Alvarado on July 20, 2020, after his inspiring and heart-breaking battle against cancer; and

WHEREAS, Judge Alvarado grew up in a military family, graduated from Northview High School in Michigan, earned his bachelor's degree from Grand Valley State University, and attended law school at the University of Wisconsin-Madison; and

WHEREAS, he moved to Georgia in 2005 to work in the Coweta County Public Defender's Office, where his passion for providing people with the best defense regardless of their economic means was evident; and

WHEREAS, Judge Alvarado continued to demonstrate his commitment to ensuring equal justice to all with his own criminal defense firm, which he opened 2008, and where indigent clients made up roughly half of his caseload throughout the ten years he ran his own practice; and

WHEREAS, in January 2019, Judge Alvarado's legal acumen and hard work helped him achieve his life-long dream as he was sworn in as Gwinnett County's first judge of Korean and Hispanic descent; and

WHEREAS, Judge Alvarado was diagnosed with acute myeloid leukemia on his 40th birthday in 2019 and, after achieving eight months of remission and the day after he proudly completed a half-marathon, a routine bone marrow biopsy revealed his cancer had returned; and

WHEREAS, despite a stem cell transplant and transfusion lovingly gifted by his sister, Judge Alvarado passed away from medical complications the day after his 100-day post-transplant milestone; and

WHEREAS, though his time on the bench was much shorter than expected, Judge Alvarado ensured every voice in his courtroom was heard and coordinated with the county animal shelter to display a weekly slide show of adoptable pets in the courtroom; and

WHEREAS, Judge Alvarado will long be remembered for his great love of his wife and dogs, making bad bets, obsessively Swiffering floors, and planning his next meal while in the middle of his current one; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished jurist, husband, brother, uncle, and friend be recognized appropriately by dedicating a bridge in his memory.

PART XXIII WHEREAS, Mr. Edward "Kip" William Klein III 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, an attorney from Marietta, Georgia, Mr. Klein served in the General Assembly from 1991 to 1997 and ran for the Republican nomination for Georgia Attorney General in 1998; and

WHEREAS, he worked closely with United States Senator Johnny Isakson to promote research using select embryonic stem cells in the fight to find a cure for Parkinson's disease; and

WHEREAS, Mr. Klein served as a member of the Cobb County Chamber of Commerce, a board member of the Feed the Hungry Foundation, and as a deacon and Sunday school teacher at First Baptist Church of Atlanta; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

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

PART XXIV WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Long County's Deputy Sheldon Gordon Whiteman on January 23, 2020; and

WHEREAS, Deputy Whiteman began his service with the Long County Sheriff's Department in 2019; and

WHEREAS, throughout his career, the quick thinking and good judgment of Deputy Whiteman was instrumental in bringing multiple offenders to justice and keeping harm from others; and

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WHEREAS, Deputy Whiteman's life was tragically cut short after a vehicle crash during a high speed chase of a fleeing suspect; and

WHEREAS, Deputy Whiteman 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 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 a road in his memory.

PART XXV WHEREAS, Judge Emily Pate Powell was born on September 30, 1955, in Richmond, Virginia, the beloved daughter of William Arnold Pate, a Presbyterian minister, and Martha Powell Pate, a nurse; and

WHEREAS, Judge Powell graduated from Davidson College in 1977 with the first class of the school that included female students, earning her spot in the "Wild Women of Davidson"; and

WHEREAS, she earned her law degree from Mercer University and was appointed to serve as a magistrate judge in Gwinnett County shortly thereafter; and

WHEREAS, during her over 20 year career on the bench, Judge Powell earned a reputation as a clear thinker and hard worker, as a judge whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and

WHEREAS, a woman of deep and abiding faith, Judge Powell was an active member of Christ Community Church Montreat in North Carolina and frequently attended 12Stone Church in Lawrenceville, Georgia; and

WHEREAS, a creative artist, Judge Powell made everything she touched more beautiful and her talents as a painter, quilter, needlework artist, musician, writer and editor, educator, party planner, interior decorator, and gift giver were greatly admired by her friends and family; 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 XXVI WHEREAS, Representative Carl Rogers 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 22 years; and

WHEREAS, during his distinguished tenure with the General Assembly, Representative Rogers served as the chairman of the House Committee on Higher Education and vice chairman of the House Committee on Economic Development; and

WHEREAS, Representative Rogers served with honor and distinction with the Georgia General Assembly, and his vision and unyielding commitment to representing the residents of his district set the standard for public service; and

WHEREAS, his leadership was recognized with numerous honors and accolades, including Most Influential Legislator by James Magazine, Insurance Man of the Year in 1993, Liberty Bell Award in 1999, and Champion of Georgia Cities Award in 2006; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his honor.

PART XXVII WHEREAS, Reverend James "Jimmy" Richard Rogers, Sr., demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, Reverend Rogers was known throughout the Young Harris valley community as a community pastor who uplifted lives through faith and as a man of great integrity and character; and

WHEREAS, the unmatched spiritual assistance offered by Reverend Rogers was a source of strength and direction for persons in all walks of life and from all economic strata; and

WHEREAS, one of his proudest accomplishments was the part he played in organizing the first Towns County High School football team; and

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WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XXVIII WHEREAS, the Reverend Dr. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and

WHEREAS, Reverend King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and

WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and

WHEREAS, in 1957, Reverend King was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over six million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and

WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and

WHEREAS, Reverend King also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and

WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and

WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and

WHEREAS, 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 XXIX WHEREAS, Sheriff Tyson Stephens 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, a native of Emanuel County, Georgia, Sheriff Stephens diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a county commissioner; and

WHEREAS, he continued his service as Sheriff of Emanuel County, where he served with honor and distinction for 36 years until his retirement; and

WHEREAS, Sheriff Stephens led an exceptional career during his more than three decades of public of service, always putting public safety and the citizens of Emanuel County first, and his inspiring commitment to the welfare of others stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

WHEREAS, Sheriff Stephens exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART XXX WHEREAS, Mr. Gregory "Greg" Stalls, Sr. was born in Atlanta, Georgia, a beloved son of Bennie J. Kennedy and Alice Esther Stalls; and

WHEREAS, a man of deep and abiding faith, Mr. Stalls was an active member of New Fellowship Praise Baptist Church; and

WHEREAS, his advocacy for Atlanta's youth was evidenced dramatically by his career with the city's Youth Services Division, membership with Economic Opportunity Atlanta, and directorship of the Southern Area Youth Council; and

WHEREAS, Mr. Stalls gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

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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 XXXI WHEREAS, Mr. N.C. Low, Jr., was born in Talking Rock, Georgia, and his pride of being a life-long resident of the little town was evident every day of his 84 year life; and

WHEREAS, Mr. Low attended North Georgia College and chose to serve as a guardian of this nation's freedom and liberty with the United States Marines Corps in the Pacific during World War II and continued his service to this country in the Air Force Reserves during the Korean Conflict; and

WHEREAS, following his military service, Mr. Low ran a local general store, led a successful pulpwood company, and succeeded in numerous commercial land acquisitions; and

WHEREAS, Mr. Low was well known through the community for his sound advice, loyal friendship, and passion for Georgia politics; and

WHEREAS, Mr. Low's leadership and guidance were instrumental to numerous organizations, including as chairman of the local democratic party, director of the Jasper Banking Company, board member for Pickens Tech (now Chattahoochee Technical College), and deacon at First Baptist Church of Talking Rock; and

WHEREAS, as both the official and unofficial mayor of Talking Rock, Mr. Low was a tireless friend to the people of his community and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XXXII WHEREAS, Ms. Jovita Moore began her long and impressive career in the news industry with an internship at The New York Times and later worked on the air at WMC-TV in Memphis, Tennessee, and KFSM in Fayetteville and Fort Smith, Arkansas; and
WHEREAS, a staple of WSB-TV's main anchor desk since 2012, Ms. Moore was cherished immensely by her friends and colleagues for her wonderful heart and charming spirit; and

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WHEREAS, a resident of Atlanta, Georgia, Ms. Moore mentored students, sat on several boards of directors, and donated innumerable hours of her time and energy to civic associations and nonprofit organizations across metro Atlanta; and

WHEREAS, she earned numerous awards and accolades in recognition of her many accomplishments, including several Emmy Awards and an induction into the Silver Circle, one of the most prestigious career awards conferred by The National Academy of Television Arts & Sciences; and

WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and

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

PART XXXIII WHEREAS, Representative Thomas Allen McCall is a rare and treasured soul who has led a life of devoted public service to his local community and the State of Georgia; and

WHEREAS, Representative McCall was born on February 14, 1956, to Dillard and Katherine McCall and grew up on a farm in Elbert County, where he learned very early the value of hard work and the inestimable value of common sense; and

WHEREAS, after graduating from Elbert County High School, Representative McCall continued his studies at Abraham Baldwin Agricultural College in Tifton, Georgia, receiving an agriculture degree, and then graduated from the University of Georgia, receiving a bachelor's degree in agronomy with a focus on animal science; and

WHEREAS, his record of service to his community began with the Georgia Farm Bureau in 1982, where he served until 1996, and he served in the Georgia House of Representatives from 1994 until 2020, representing the citizens of Elbert, Oglethorpe, and Lincoln counties, as well as portions of Madison, Wilkes, and Columbia counties; and

WHEREAS, Representative McCall distinguished himself in the Georgia House of Representatives through the force and clarity of his intellect and profound common sense and his strong leadership capabilities in the role of chairman of the Agriculture and Consumer Affairs Committee; and

WHEREAS, during his tenure in the Georgia House of Representatives, Representative McCall received numerous recognitions for his dedication to agriculture and natural

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resources, including the Georgia Agricultural Hall of Fame, the 4-H Green Jacket Award, the Distinguished Service Award from the Georgia Poultry Federation, the Legislator of the Year Award from many organizations throughout Georgia, and the National Honorary American Future Farmers of America Degree; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his honor.

PART XXXIV WHEREAS, the Black Music and Entertainment Walk of Fame is a joint initiative by the Black American Music Association (BAM) and Georgia Entertainment Caucus (GEC); and

WHEREAS, with both a national and international appeal, the Black Music and Entertainment Walk of Fame honors iconic individuals and organizations that have impacted Black culture and community; and

WHEREAS, the inaugural inductees to the Black Music and Entertainment Walk of Fame include: Donald Lawrence, Snoop Dogg, Tyler Perry, New Edition, Mary J Blige, Yolanda Adams, BeBe and CeCe Winans, Lauryn Hill, Lionel Richie, Bob Marley, Fela Kuti, Cicely Tyson, Ray Charles, Smokey Robinson, Berry Gordy, Quincy D. Jones, Otis Redding, James Brown, Stevie Wonder, Michael Jackson, Usher Raymond IV, Missy Elliot, Outkast, Shirley Caesar, Kirk Franklin, Beyonc, and Sean Love Combs; and

WHEREAS, it is abundantly fitting and proper that this groundbreaking initiative be recognized appropriately by dedicating a road in its honor.

PART XXXV WHEREAS, Mr. Huie Lawrence Bray was a person of magnanimous strengths, strived to live his life by Jesus's example of kindness toward others, and was known throughout his community in Fayetteville, Georgia, for his knowledge, generosity, honesty, and work ethic; and

WHEREAS, Mr. Bray served as a guardian of this nation's freedom and liberty with the United States Navy during World War II; and

WHEREAS, after returning home to civilian life, Mr. Bray grew his own successful business spanning more than 74 years; and

WHEREAS, he was dedicated to growing the Fayette County community, serving on numerous local boards and committees, and he lovingly mentored, encouraged, and supported countless people no matter the endeavor; and

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WHEREAS, Mr. Bray was instrumental to the creation of the Fayette County Fire/EMS Service, and his leadership and guidance were recognized with awards such as the Boy Scouts of America Silver Beaver Award and with his appointment as Volunteer Chief of Fayette County Fire/EMS; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his memory.

PART XXXVI WHEREAS, Mr. Kenneth "Ken" Jason Bennett has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a native and lifelong resident of Waycross, Georgia, Mr. Bennett was an honor graduate of Ware County High School and a recipient of the 2005 Ware County Educators Scholarship; and

WHEREAS, Mr. Bennett's leadership and guidance were instrumental to the Future Farmers of America organization while he served as vice president for the Ware County affiliate, and he was honored by the organization with the prestigious Blue and Gold Award; and

WHEREAS, a man of deep and abiding faith, Mr. Bennett was a devoted member of Haywood Baptist Church; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

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

PART XXXVII WHEREAS, Colonel Frank Norton was born in Waycross, Georgia, on May 20, 1943, the beloved son of Frank Norton, Sr., and Margaret Crawley Norton; and

WHEREAS, a graduate of Emory at Oxford College and Emory University, Colonel Norton earned a master's degree in business from Central Michigan University and a master's degree in congressional studies from The Catholic University; and

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WHEREAS, Colonel Norton served as a guardian of this nation's freedom and liberty as a United States Army Ranger instructor before his assignment to Vietnam as a Ranger reconnaissance platoon leader with the 173rd Airborne Brigade; and

WHEREAS, a Master Parachutist, Colonel Norton was recognized with more than nine military decorations during his 26 years of service to this nation, including a Purple Heart and three Bronze Stars for Valor; and

WHEREAS, Colonel Norton served as Principle Deputy to the Secretary of the Army for United States Senate Liaison, the only Army officer to serve in that position for both the United States Senate and House of Representatives, and served as a staff member to the United States Senate Armed Services Committee and Senator Sam Nunn's liaison to Georgia military bases and committees during the Base Realignment and Closure process; and

WHEREAS, he was a partner in the firm of Hurt, Norton & Associates, an 11 member Washington based company that he co-founded in 1997 and helped develop into a major corporate consulting, lobbying, and marketing firm with more than 45 clients nationwide; 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 XXXVIII WHEREAS, the mayors of Acworth, Georgia, have long demonstrated superior values based on community and infrastructure, growth, and vitality; and

WHEREAS, the City of Acworth has worked with the Georgia Department of Transportation for nearly 20 years on the improvements to Highway 92, a road which serves as a critical transportation artery for moving traffic between Northwest Cobb County along with rapidly growing Bartow and Paulding counties; and

WHEREAS, construction of the new bridge on Highway 92 over Lake Allatoona allows for the City of Acworth to transition the old roadbed into a multi-use pathway that will connect neighborhoods to the city's historic downtown and parks; and

WHEREAS, sidewalks along the project will assist in the implementation of the city-wide trail master plan by connecting existing and future trail networks; and

WHEREAS, the new bridge allows for the old roadbed to be utilized by recreators to access both Lake Acworth and Lake Allatoona for kayaking, canoeing, fishing, and cycling; and

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WHEREAS, the road project and bridge will provide more effective and efficient traffic flow to reduce congestion, increase mobility, and encourage nonmotorized forms of transportation; 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 XXXIX WHEREAS, Mr. Doug Weathers 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, Mr. Weathers served as a guardian of this nation's freedom and liberty with the United States Army and valiantly and courageously defended Americans as a heavy equipment operator in Germany during the Berlin Air Lift; and

WHEREAS, he reenlisted in the United States Air Force in 1951 during the Korean War, serving with the 2nd Bomb Wing in Okinawa; and

WHEREAS, in 1954, Mr. Weathers began his career in the television industry with Savannah's local station, WTOC, as a film editor and projectionist, where he quickly learned how to run a camera and was promoted to production manager; and

WHEREAS, in 1969, Mr. Weather began his career in front of the camera after filling in last minute for a missing anchor, a position in which he thrived and remained until his retirement from the station as vice president of news in 2001; and

WHEREAS, Mr. Weathers was inducted into the Georgia Association of Broadcasters Hall of Fame in 2022 as the association's 100th inductee; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including the USO, YWCA, Governor's Penal Reform Commission, Tidelands, Salvation Army, Armstrong Alumni, 2002 Club, and Sigma Delta Chi; 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 honor.

PART XL WHEREAS, Mr. Lawrence Hutchins, Jr., was born and raised in Savannah, Georgia, and is a proud product of the Savannah-Chatham County Public School System; and

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WHEREAS, a graduate of A.E. Beach High School, where he was a member of the school's band and leader of the clarinet section, Mr. Hutchins earned music education degrees from Savannah State College and the Vandercook College of Music in Chicago, Illinois; and

WHEREAS, Mr. Hutchins has dedicated his time, talents, and energy to challenging and inspiring future leaders and musicians as a music teacher and band director for 43 years; and

WHEREAS, he is a founder of the Savannah State University Men's Glee Club and has led the marching band for the Savannah United House of Prayer for All People; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including the National Association for Music Education, Georgia Music Educators Association, Frank Callen Boys and Girls Club Alumni and Friends Association, Thursday Morning Breakfast Club, Alpha Phi Alpha Fraternity, Inc., Savannah Basketball and Football Officials Association, Beach High School Athletic Hall of Fame Association, Beach High Alumni Class of 1959, Beach High School Alumni Association, and SSU National Alumni Association; and

WHEREAS, a man of deep and abiding faith, Mr. Hutchins is an active member of Bethel A.M.E. Church, where he is a member of the trustee board, Sons of Allen, Senior Choir, and Committee on Black History; 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 XLI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of State Route 81 and Tom Miller Road in Barrow County is dedicated as the Isaiah "Coach" Berry Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at SR 6/US 278 and SR 101/6BU in Polk County is dedicated as the Sergeant Barry Henderson Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 36 from the Butts/Lamar County line to Jones Road in Lamar County is dedicated as the Dr. Benny Tate Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 94 from State Route 121 to the Georgia/Florida state line in Charlton County, Georgia, is dedicated as the Sheriff Ernest "Dobie" Conner Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 27 and Alabama Street in Carroll County is dedicated as the Dr. Samuel D. Thomas I Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 166 over Dog River Reservoir in Douglas County is dedicated as the Bill Hembree Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at State Route 75 Connector/Appalachian Parkway and NOK Drive in White County is dedicated as the Officer Carol Leigh Ledford Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 19 and Cleveland Street/Glenn Gooch Parkway in Union County is dedicated as the Carlton Colwell Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 400 and Dawson Forest Road in Dawson County is dedicated as the Mike Berg Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 400 and Harmony Church Road/Lumpkin Campground Road in Dawson County is dedicated as the Edna Jo Mize Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 400 from Mansell Road in Fulton County to State Route 20 in Forsyth County is dedicated as The Technology Corridor.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 27 and Pearl Drive in Walker County is dedicated as the Doris Greene Mullis Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Gordon Street/10th Street in Walker County is dedicated as the Congressman Gordon Lee Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 157 and State Route 136 in Walker County is dedicated as the McLemore Resort Community Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 136 and State Route 189 in Dade County is dedicated as the Commissioner Allan Bradford Memorial Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 59 at Deer Head Cove Road in Dade County is dedicated as the Ralph and Beatrice Rumley Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 341 and Euclid Avenue in Walker County is dedicated as The Honorable Mayor Ray Crowder Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at State Route 6 and State Route 100 in Polk County is dedicated as the Judge Dan Winn Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 82 within the city limits of Enigma in Berrien County is dedicated as the Bobby Rowan - Enigma Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at U.S. 76 and State Route 288 south of the Hiwassee River in Towns County is dedicated as the Sheriff Jay Vernon Chastain, Sr., Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 268 over Broxton Creek in Coffee County is dedicated as the PFC Charles E. Day and SFC Jerome Day Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 20 over the CSX Rail Line south of Reid Street in Gwinnett County is dedicated as the Judge Ramn Alvarado Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 92 and Sandy Plains Road in Cobb County is dedicated as the Kip Klein Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 57 within the boundaries of Long County is dedicated as the Deputy Sheldon Whiteman Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 20 and East Crogan Street in Gwinnett County is dedicated as the Judge Emily Pate Powell Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 284 over Lake Lanier in Hall County is dedicated as the Carl Rogers Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 66 over Brasstown Creek in Towns County is dedicated as the Reverend James "Jimmy" Richard Rogers, Sr., Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 27 within the city limits of Hamilton in Harris County is dedicated as the Dr. Martin Luther King, Jr. Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 80 from the city limits of Swainsboro to the city limits of Twin City in Emanuel County, Georgia, is dedicated as the Sheriff Tyson Stephens Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 166/Langford Parkway over the I-75/I-85/Downtown Connector in Fulton County is dedicated as the Gregory Stalls, Sr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 136 over Talking Rock Creek in Pickens County is dedicated as the N.C. Low, Jr., Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 13 from Interstate 75/Interstate 85 to Peachtree Road in Fulton County, Georgia is dedicated as the Jovita Moore Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from the southern Elberton city limits (mile marker 9) to the Broad River (mile marker 0) in Elbert County is dedicated as the Representative Thomas Allen McCall Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 3 from Ivan Allen, Jr., Boulevard to Martin Luther King, Jr., Drive in Fulton County, Georgia, is dedicated as the Black Music and Entertainment Walk of Fame Highway.

BE IT FURTHER RESOLVED AND ENACTED the portion of State Route 85 Connector from State Route 16 to State Route 85 in Fayette County, Georgia, is dedicated as the Huie Bray Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 1/U.S. 23/State Route 4 and South Augusta Avenue in Ware County is dedicated as the Ken Bennett Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S.1/Scapa Dryer Road and Fulford Road in Ware County is dedicated as the Colonel Frank Norton Crossing.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 92 over Lake Allatoona in Cobb County is dedicated as the Mayor's Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 20 from Northside Drive to Joseph E. Lowery Boulevard is dedicated as the HBCU Presidents' HERO Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 516 and U.S. Route 17/Ogeechee Road in Chatham County is dedicated as the Doug Weathers Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. Route 17 east of Red Gate Farms Road over the CSX Rail Line in Chatham County is dedicated as the Lawrence Hutchins, Jr., Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the fifteenth undesignated paragraph of Part XVI of Senate Resolution 39, approved May 10, 2021 (Ga. L. 2021, p. 897), is 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 Dr. Benny Tate, Sheriff Ernest "Dobie" Conner, Representative Bill Hembree, Mr. Mike Berg, Mrs. Edna Jo Mize, the McLemore Resort Community, The Honorable Mayor Ray Crowder; Representative Carl Rogers, Representative Thomas Allen McCall, the Black Music and Entertainment Walk of Fame; Mr. Doug Weathers, and Mr. Lawrence Hutchins, Jr., and to the families of Mr. Isaiah Berry, Sergeant Barry Henderson, Dr. Samuel D. Thomas I, Officer Carol Leigh Ledford, Representative Carlton H. Colwell, Mrs. Doris Greene Mullis, Congressman Gordon Lee, Commissioner Allan Bradford, Ralph and Beatrice Rumley, Judge Dan Peace Winn, Senator Robert Alvin Rowan, Sheriff Jay Vernon Chastain, Sr., PFC Charles E. Day and SFC Jerome Day, Judge Ramn Alvarado, Mr. Edward "Kip" William Klein III, Deputy Sheldon Gordon Whiteman, Judge Emily Pate Powell, Reverend James "Jimmy" Richard Rogers, Sr., Reverend Dr. Martin Luther King, Jr., Sheriff Tyson Stephens, Mr. Gregory "Greg" Stalls, Sr., Mr. N.C. Low, Jr., Ms. Jovita Moore, Mr. Huie Lawrence Bray, Mr. Kenneth "Ken" Jason Bennett, and Colonel Frank Norton.

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PART XLII This resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

PART XLIII All laws and parts of laws in conflict with this resolution are repealed.

Approved May 9, 2022.

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REVENUE AND TAXATION LESS CRIME ACT; PROVIDES FOR TAX CREDITS FOR CERTAIN CONTRIBUTIONS MADE BY TAXPAYERS TO CERTAIN LOCAL LAW ENFORCEMENT FOUNDATIONS.

No. 856 (Senate Bill No. 361).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to enact the "Law Enforcement Strategic Support Act" ("LESS Crime Act"); to provide for tax credits for certain contributions made by taxpayers to certain local law enforcement foundations; to provide for an aggregate annual limit; to provide for terms and conditions; to provide for applications and certifications; to provide for the revocation of qualified status; to provide for certain penalties; to require annual reporting; to provide for rules and regulations; to provide for construction; 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 "Law Enforcement Strategic Support Act" or the "LESS Crime Act."

SECTION 2. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section to read as follows:

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"48-7-29.25. (a) As used in this Code section, the term:
(1) 'Law enforcement foundation' means any domestic nonprofit corporation with the sole function of supporting one local law enforcement unit through a formal relationship recognized by such local law enforcement unit and which maintains nonprofit status under Section 501(c)(3) of the Internal Revenue Code and tax exempt status under Code Section 48-7-25. (2) 'Local law enforcement unit' means any agency, office, or department of a county, municipality, or consolidated government of this state whose primary functions include the enforcement of criminal or traffic laws, preservation of public order, protection of life and property, or the prevention, detection, or investigation of crime. Such term shall include any sheriff's office in this state. Such term shall not include any agency, office, or department conducting similar functions for any court, state board, state authority, state law enforcement division or department, railroad police, or any unit appointed under the authority of Chapter 9 of Title 35 of the Official Code of Georgia Annotated. (3) 'Qualified contributions' means the preapproved contribution of funds by a taxpayer to a qualified law enforcement foundation under the terms and conditions of this Code section. (4) 'Qualified expenditures' means expenditures made by a qualified law enforcement foundation:
(A)(i) For salary supplements paid no more than twice annually or training provided directly to law enforcement officers employed by the local law enforcement unit affiliated with such qualified law enforcement foundation; or (ii) For the purchase, lease, maintenance, or improvement of equipment to be used by such officers; or (B) To cover any costs incurred by the local law enforcement unit for the operation of an emergency response team that combines law enforcement officers and behavioral health specialists, provided that such costs shall not include salaries or other regular compensation. (5) 'Qualified law enforcement foundation' means any law enforcement foundation that has been designated as the sole local law enforcement foundation for a single local law enforcement unit and has been certified and listed by the commissioner pursuant to subsection (d) of this Code section. (b)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed $75 million per calendar year. Each qualified law enforcement foundation shall be limited to accepting $3 million per year of contributions made under this Code section. (2) Subject to the aggregate limit provided in paragraph (1) of this subsection for taxable years beginning on or after January 1, 2023, and ending on or before December 31, 2027, each taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified contributions made by the taxpayer as follows:

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(A) In the case of a single individual or a head of household, the actual amount of qualified contributions made or $5,000.00 per tax year, whichever is less; (B) In the case of a married couple filing a joint return, the actual amount of qualified contributions made or $10,000.00 per tax year, whichever is less; (C) Anything to the contrary contained in subparagraph (A) or (B) of this paragraph notwithstanding, in the case of an individual taxpayer who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the actual amount of qualified contributions it made or $10,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership; or (D) A corporation or other entity not provided for in subparagraphs (A) through (C) of this paragraph shall be allowed a credit against the tax imposed by this chapter, for qualified contributions in an amount not to exceed the actual amount of qualified contributions made or 75 percent of such corporation's or other entity's income tax liability, whichever is less. (3) Nothing in this Code section shall be construed to limit the ability of a local law enforcement unit to receive gifts, grants, and other benefits from any source allowed by law; provided, however, that no local law enforcement unit shall, under this Code section, accept or receive more than $3 million in contributions in any calendar year. (c) The commissioner shall establish a page on the department's website for the purpose of implementing this Code section. Such page shall contain, at a minimum: (1) The application and requirements to be certified as a qualified law enforcement foundation; (2) The current list of all qualified law enforcement foundations and their affiliate law enforcement units; (3) The total amount of tax credits remaining and available for preapproval for each year; (4) A web based method for taxpayers seeking the preapproval status for contributions; and (5) The information received by the department from each qualified law enforcement foundation pursuant to paragraph (1) of subsection (g) except for division (g)(1)(B)(iv) of this Code section. (d) Any valid law enforcement foundation as a qualified law enforcement foundation shall be certified by the commissioner following the commissioner's receipt of a properly completed application and after the commissioner has confirmed that a single local law enforcement unit has validly designated the applicant as its sole law enforcement foundation. Such application shall be prescribed by the commissioner and shall include an agreement by the applicant to fully comply with the terms and conditions of this Code section.

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(e)(1) Prior to making a contribution to any qualified law enforcement foundation, the taxpayer shall electronically notify the department, in a manner specified by the commissioner, of the total amount of contribution that such taxpayer intends to make to such qualified law enforcement foundation. (2) Within 30 days after receiving a request for preapproval of contributions, the commissioner shall preapprove, deny, or prorate requested amounts on a first come, first served basis and shall provide notice to such taxpayer and the qualified law enforcement foundation of such preapproval, denial, or proration. Such notices shall not require any signed release or notarized approval by the taxpayer. The preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the limits established under paragraph (1) of subsection (b) of this Code section. (3) Within 60 days after receiving the preapproval notice issued by the commissioner pursuant to paragraph (2) of this subsection, the taxpayer shall contribute the preapproved amount to the qualified law enforcement foundation or such preapproved contribution amount shall expire. The commissioner shall not include such expired amounts in determining the remaining amount available under the aggregate limit for the respective calendar year. (f)(1) Each qualified law enforcement foundation shall issue to each contributor a letter of confirmation of contribution, which shall include the taxpayer's name, address, tax identification number, the amount of the qualified contribution, the date of the qualified contribution, and the total amount of the credit allowed to the taxpayer. (2) In order for a taxpayer to claim the tax credit allowed under this Code section, all such applicable letters as provided for in paragraph (1) of this subsection shall be attached to the taxpayer's tax return. When 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 to be affixed and transmitted to the department. In any such event, the taxpayer shall maintain such confirmation and such confirmation shall only be made available to the commissioner upon request. (3) The commissioner shall allow tax credits for any preapproved contributions made to a local law enforcement foundation at the time the contributions were made if such foundation was a qualified law enforcement foundation at the time of the commissioner's preapproval of the contributions and the taxpayer has otherwise complied with this Code section. (g)(1) Each qualified law enforcement foundation shall annually submit to the department:
(A) A complete copy of its IRS Form 990 and other applicable attachments, or for any qualified law enforcement foundation that is not required by federal law to file an IRS Form 990, such foundation shall submit to the commissioner equivalent information on a form prescribed by the commissioner; and

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(B) A report detailing the contributions received during the calendar year pursuant to this Code section on a date determined by, and on a form provided by, the commissioner which shall include:
(i) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (ii) The total number and dollar value of corporate contributions and tax credits approved; (iii) The total number and dollar value of all qualified expenditures made; and (iv) A list of contributors, including the dollar value of each contribution and the dollar value of each approved tax credit. (2) Except for the information published in accordance with paragraph (c) or (h) of this Code section, all information or reports relative to this Code section that were provided by qualified law enforcement foundations to the department shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether such information relates to the contributor or the qualified law enforcement foundation. (h) Each qualified law enforcement foundation shall publish on its website a copy of its affiliated local law enforcement unit's prior year's annual budget containing the total amount of funds received from its local governing body. If a qualified law enforcement foundation does not maintain a public website, such information shall be otherwise made available by the qualified law enforcement foundation to the public upon request. (i)(1) A taxpayer shall not be allowed to designate or direct the taxpayer's qualified contributions to any particular purpose or for the direct benefit of any particular individual. (2) A taxpayer that operates, owns, is affiliated with, or is a subsidiary of an association, organization, or other entity that contracts directly with a qualified law enforcement foundation or the local law enforcement unit that is affiliated with a qualified law enforcement foundation shall not be eligible for tax credits allowed under this Code section for contributions made to such qualified law enforcement foundation. (3) In soliciting contributions, no person shall represent or direct that, in exchange for making qualified contributions to any qualified law enforcement foundation, a taxpayer shall receive any direct or particular benefit. The status as a qualified law enforcement foundation shall be revoked for any law enforcement foundation determined to be in violation of this paragraph and shall not be renewed for at least two years. (j)(1) Qualified contributions shall only be used for qualified expenditures. Each qualified law enforcement foundation shall maintain accurate and current records of all expenditures of qualified contributions and provide such records to the commissioner upon his or her request. (2) A qualified law enforcement foundation that fails to comply with any of the requirements under this Code section shall be given written notice by the department of

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such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (3) Upon failure to correct all deficiencies within 90 days, the department shall revoke the law enforcement foundation's status as a qualified law enforcement foundation and such entity shall be immediately removed from the department's list of qualified law enforcement foundations. All applications for preapproval of tax credits for contributions to such law enforcement foundation under this Code section made on or after the date of such removal shall be rejected. (4) Each law enforcement foundation that has had its status revoked and has been delisted pursuant to this Code section, shall immediately cease all expenditures of funds received relative to this Code section, and shall transfer all of such funds that are not yet expended, to a properly operating qualified law enforcement foundation within 30 calendar days of its removal from the department's list of qualified law enforcement foundations. (k)(1) No credit shall be allowed under this Code section to a taxpayer for any amount of qualified contributions that were utilized as deductions or exemptions from taxable income. (2) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (l) The commissioner shall promulgate rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 3. This Act shall become effective on July 1, 2022, and shall be applicable to taxable years beginning on or after January 1, 2023.

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

Approved May 9, 2022.

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MENTAL HEALTH GEORGIA BEHAVIORAL HEALTH AND PEACE OFFICER CO-RESPONDER ACT; PROVIDES FOR IMMUNITY FOR TRANSPORT OF PATIENT; PROVIDES FOR ESTABLISHMENT OF CO-RESPONDER PROGRAMS.

No. 857 (Senate Bill No. 403).

AN ACT

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to enact the "Georgia Behavioral Health and Peace Officer Co-Responder Act"; to provide for immunity for the transport of a patient to a facility; to provide for the establishment of co-responder programs; to provide for co-responder teams composed of peace officers and behavioral health professionals; to provide for training of co-responder team members; to provide for dispatch of co-responder teams; to provide for co-responder protocol committees; to provide for support services; to provide for review of publicly available arrest and incarceration records of currently incarcerated individuals; to provide for records and data reporting; to require an annual report regarding co-responder programs; to provide that program requirements are contingent on available funding; to provide for annual budget requests; to provide for limitations on liability; to provide for statutory construction; 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:

SECTION 1. This Act shall be known and may be cited as the "Georgia Behavioral Health and Peace Officer Co-Responder Act."

SECTION 2. The General Assembly finds that:
(1) Demands on peace officers include responding to emergencies involving individuals with a mental or emotional illness, developmental disability, or addictive disease, without the benefit of a behavioral health specialist being present; (2) The presence of a behavioral health specialist exponentially decreases the risk of escalation; (3) The absence of a behavioral health specialist may result in the arrest of individuals whose conduct would be more effectively treated and stabilized in a behavioral health setting rather than a jail or prison;

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(4) Law enforcement agencies throughout Georgia frequently report that jails and prisons are becoming revolving door behavioral health hospitals of last resort; (5) Several law enforcement agencies in Georgia have established co-responder programs and formed co-responder partnerships with local community service boards. Community service boards provide support during emergency responses and provide follow-up services to help stabilize the individual in crisis and prevent relapse; (6) Combining the expertise of peace officers and behavioral health specialists to de-escalate behavioral health crises prevents unnecessary incarceration of individuals with a mental or emotional illness, developmental disability, or addictive disease and instead links those in crisis to services that promote stability and reduce the likelihood of recurrence, decreases the costs incurred by prisons and jails to incarcerate such individuals, and increases the ability of peace officers outside of the co-responder teams to focus on serious crimes; and (7) It is in the best interest of the state to establish the framework for a state-wide co-responder model to include emergency response co-responder teams and post-emergency behavioral health services.

SECTION 3. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-3-4, relating to immunity of hospitals, physicians, peace officers, or other private or public hospital employees from liability for certain actions taken in good faith, as follows:
"37-3-4. Any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the transport, admission, and discharge provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the transport of a patient to a physician or facility, the admission of a patient to a facility, or the discharge of a patient from a facility; provided, however, that nothing in this Code section shall be construed to relieve any hospital or any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, from liability for failing to meet the applicable standard of care in the provision of treatment to a patient. The immunity from civil liability provided in this Code section in connection with the transport of a patient to a physician or a facility shall apply only to injury or damages incurred by such patient or his or her personal representative."

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SECTION 4. Said title is further amended by revising Code Section 37-7-5, relating to immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter, as follows:
"37-7-5. Any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the transport, admission, and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the transport of a patient to a physician or facility, the admission of a patient to a facility, or the discharge of a patient from a facility. The immunity from civil liability provided in this Code section in connection with the transport of a patient to a physician or a facility shall apply only to injury or damages incurred by such patient or his or her personal representative."

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

"CHAPTER 11

37-11-1. As used in this chapter, the term:
(1) 'Behavioral health crisis' means any circumstance when symptoms of a person's behavioral health disorder put that person or others at risk for causing personal injury or property damage. (2) 'Behavioral health disorder' means a mental or emotional illness, developmental disability, or addictive disease. (3) 'Co-responder program' means a program established through a partnership between a community service board and a law enforcement agency to utilize the combined expertise of peace officers and behavioral health professionals on emergency calls involving behavioral health crises to de-escalate situations and help link individuals with behavioral health issues to appropriate services. (4) 'Co-responder team' means a team established pursuant to a co-responder program, composed of at least one officer team member and one community service board team member. (5) 'Communications officer' means and includes any person employed by a public safety agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel.

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(6) 'Community service board team member' means a behavioral health professional working at the direction of a community service board who is licensed or certified in this state to provide counseling services or to provide other support services to individuals and their families regarding a behavioral health disorder, and who is part of a co-responder team. (7) 'Law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (8) 'Officer team member' means a peace officer who is part of a co-responder team. (9) 'Public safety agency' means the state or local entity which receives emergency calls placed through an emergency 9-1-1 system and dispatches fire-fighting, law enforcement, emergency medical, or other emergency services.

37-11-2. (a) Each community service board shall establish a co-responder program to offer assistance or consultation to peace officers responding to emergency calls involving individuals with behavioral health crises. Law enforcement agencies within a community service board's service area may elect to partner with the community service board to establish one or more co-responder teams. (b) When a law enforcement agency that has entered into a co-responder partnership with a community service board responds to an emergency call involving an individual with a behavioral health crisis and a co-responder team is dispatched, a community service board team member shall be available to accompany the officer team member in person or via virtual means or shall be available for consultation via telephone or telehealth during such emergency call. The officer team member may consider input from the community service board team member in determining whether to refer an individual for behavioral health treatment or other community support or to transport the individual for emergency evaluation in accordance with Code Section 37-3-42 or 37-7-42, rather than making an arrest. (c) In the event that the officer team member transports the individual for emergency evaluation in accordance with Code Section 37-3-42 or 37-7-42, the emergency receiving facility shall notify the community service board, prior to the release of the individual whether or not the individual is admitted for treatment, for purposes of identifying and facilitating any necessary follow-up services for such individual to prevent relapse. (d) Following an individual's behavioral health crisis, the community service board shall make available voluntary outpatient therapy to eligible individuals pursuant to Code Section 37-11-9. (e) Transport conducted pursuant to this Code section shall occur in government-owned vehicles configured for safe transport based on the individual's condition; provided,

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however, that the officer team member may authorize alternative transportation by a medical transport company or otherwise if deemed safe to do so based on the individual's condition.

37-11-3. Every county shall retain a written list available for public inspection that identifies all law enforcement agencies within such county whose routine responsibilities include responding to emergency calls. Such list shall be created no later than August 1, 2022, and shall be updated immediately when additional departments assume routine responsibility for emergency response and shall be maintained with current information.

37-11-4. (a) Each community service board shall employ or contract with behavioral health professionals who are licensed in this state to provide counseling services, or to provide other support services to individuals and their families regarding a behavioral health disorder, and whose responsibilities include participation as a community service board team member on a co-responder team. The community service board shall designate a sufficient number of individuals to serve as community service board team members to partner with the law enforcement agencies located within the community service board's service area, with on-call availability at all times. (b) The department shall maintain a current, written list of emergency receiving facilities within each community service board area where an individual experiencing a behavioral health crisis may be transported by or at the direction of an officer or team member. The written list shall be maintained by each community service board and provided to each law enforcement agency.

37-11-5. (a) A law enforcement agency that has entered into a co-responder partnership with a community service board shall designate one or more peace officers to participate as officer team members in a co-responder team. (b) A law enforcement agency that has not entered into a co-responder partnership with a community service board shall designate one peace officer to serve as the primary point of contact with the community service board. (c) A law enforcement agency shall designate a peace officer who shall serve on the co-responder protocol committee.

37-11-6. (a) Officer team members may elect to receive crisis intervention team training as approved by the Georgia Police Officer Standards and Training Council. (b) All communications officers and other employees of public safety agencies who make dispatch decisions shall receive educational training about identifying emergency calls

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involving individuals in a behavioral health crisis and dispatching appropriate response units. (c) Community service board team members shall receive training on the operations, policies, and procedures of the law enforcement agencies with which they partner. (d) All training undertaken in accordance with this Code section shall be provided at the expense of the department and at no expense to any law enforcement agency, public safety agency, or community service board.

37-11-7. When an emergency call involving an individual's behavioral health crisis is received by a communications officer or public safety agency, and a civilian-only response team is not appropriate or available, the communications officer shall notify the co-responder team in the jurisdiction where the emergency is located, if practicable, regardless of whether other peace officers are also dispatched. The co-responder team will work collaboratively to de-escalate the situation; provided, however, that all final decisions shall be made by the officer team member or his or her superiors.

37-11-8. Each community service board shall establish a co-responder protocol committee for its service area which shall work to increase the availability, efficiency, and effectiveness of community response to behavioral health crises. The protocol committee shall address best practices for issues which arise during the operation of co-responder teams. Such issues include, but shall not be limited to, data collection, privacy protection, interagency coordination, intragovernmental coordination, available treatment modalities, data sharing and analysis, training, and community outreach. Implemented best practices should increase public safety in the service area, improve outcomes for individuals experiencing mental health crises, and enhance cooperation between law enforcement and behavioral health specialists.

37-11-9. When a co-responder team responds to a behavioral health crisis, the community service board of the service area where the crisis occurred shall contact the individual within two business days following the crisis, regardless of whether that individual was incarcerated. If the individual resides in a different community service board area, the case shall be transferred to the appropriate community service board. The community service board handling the case shall work to identify the types of services needed to support the individual's stability and to locate affordable sources for those services, including housing and job placement. If the individual was incarcerated, the community service board may make recommendations for inclusion in a jail release plan. Following the behavioral health crisis, the community service board shall provide voluntary outpatient therapy as needed.

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37-11-10. (a) Community service board team members may review publicly available arrest and incarceration records and may request access to evaluate currently incarcerated individuals for the purpose of identifying individuals who may be treated more effectively within the behavioral health system rather than the criminal justice system. If such individuals are identified, the community service board team member shall provide a written recommendation to the appropriate law enforcement agency and jail or prison operator for consideration. The law enforcement agency and jail or prison operator shall provide community service board team members with access to requested nonrestricted records and shall grant access to such records at mutually convenient times, for the purpose of facilitating the community service board team member's analysis. (b) The department shall establish a referral system, by which any law enforcement agency may request behavioral health consultation for an individual who is currently incarcerated, or frequently incarcerated, who it believes may be treated more effectively within the behavioral health system rather than the criminal justice system. The department shall assign the case to the appropriate community service board for evaluation and any appropriate treatment to be provided or facilitated by the community service board.

37-11-11. (a) Each community service board shall compile and maintain records of the services provided by co-responder teams and community service board team members, which shall include community follow-ups and actions taken on behalf of incarcerated individuals together with reasonably available outcome data. Community service boards shall report data to the department in a form developed cooperatively by the community service boards. (b) No later than January 31, 2024, and annually thereafter, the department shall issue a written annual report regarding the co-responder program, which shall include statistics derived from all sources, including community service board documentation and reports. Data shall be presented per community service board, where available, and cumulatively. Such report shall be posted in a prominent location on the department's website.

37-11-12. (a) The requirements contained in this chapter shall be contingent upon the appropriation of funds by the General Assembly or the availability of other funds. (b) No later than July 15, 2023, and annually thereafter, the department shall submit to the board proposed budgets for co-responder programs for each community service board. The proposed budget for each community service board shall be based on each community service board's operational analysis and shall include the salaries of an adequate number of staff dedicated to the responsibilities of the co-responder program and shall delineate unique factors existing in the area served, such as the population and demographics. (c) In the event that full funding or staffing is not obtained by a community service board, such board may work collaboratively with other entities, including but not limited to the

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Georgia Association of Community Service Boards, to identify and apply for potential sources of additional funding, identify and pursue additional recruiting options, and identify the elements of the co-responder program that will be implemented given the resources available, until full resources are obtained. (d) The department may pursue funding for purposes of implementing the co-responder program pursuant to this chapter, including without limitation from block grants, the Substance Abuse and Mental Health Services Administration; the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L. 116-136; the American Rescue Plan Act of 2021, P.L. 117-2; and other grants.

37-11-13. Any peace officer, law enforcement agency, community service board, community service board team member, public safety agency, communications officer, or any employee or contractor thereof, who acts in good faith in compliance with the provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with any of the following decisions: to dispatch or not dispatch a co-responder team, to incarcerate an individual, to transport an individual to an emergency receiving facility, or not take an individual into custody.

37-11-14. Nothing in this chapter shall be construed as creating an exclusive method for a law enforcement agency to establish emergency response teams combining peace officers and behavioral health specialists."

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

Approved May 9, 2022.

__________

REVENUE AND TAXATION TAX CREDITS FOR CONTRIBUTIONS TO CERTAIN FOSTER CHILD SUPPORT ORGANIZATIONS.

No. 858 (House Bill No. 424).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for tax credits for certain contributions made by taxpayers to certain foster child support organizations; to provide for definitions; to provide for an

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aggregate annual limit; to provide for terms and conditions; to provide for applications and certifications; to provide for the revocation of qualified status; to provide for audits; to provide for certain penalties; to require annual reporting; to provide for the discretion to refer certain acts to the Attorney General for investigation and prosecution; to provide for promulgation of rules and regulations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section to read as follows:
"48-7-29.24. (a) As used in this Code section, the term:
(1) 'Aging foster children' means: (A) Foster children aged 16 through 18 that would benefit based on projected status at age 18, as determined by the division; and (B) Former foster children up to and including age 21, or age 25 if legally possible, who have not been adopted or reunited with families.
(2) 'Aging-out program' means a program with the primary function of supporting aging foster children. (3) 'Division' means the Division of Family and Children Services of the Department of Human Services. (4) 'Foster child support organization' means:
(A) The aging-out program of the Technical College System of Georgia Foundation; (B) The aging-out program of the University System of Georgia Foundation, provided that such program is certified by the Governor's Office of Planning and Budget as an aging-out program; or (C) Any domestic nonprofit corporation which maintains nonprofit status under Section 501(c)(3) of the Internal Revenue Code and tax exempt status under Code Section 48-7-25, that has the primary function of:
(i) Operating an aging-out program or operating as or supporting a Georgia licensed child-placing agency; or (ii) Disbursing funds directly to one or more of the entities identified in subparagraphs (A) or (B) or division (C)(i) of this paragraph. (5) 'Qualified contributions' means the preapproved contribution of funds made during the taxable year by a taxpayer to a qualified organization under the terms and conditions of this Code section. (6) 'Qualified expenditures' means expenditures made by a qualified organization for: (A) The costs associated with tuition waivers granted pursuant to Code Section 20-3-660;

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(B) Wraparound services for individuals attending a public postsecondary educational institution under a waiver granted pursuant to Code Section 20-3-660; or (C) Mentorship services provided to aging foster children, provided that no mentor shall be compensated in excess of $100.00 per month for an aging foster child or $500.00 per year for any aging foster child. (7) 'Qualified organization' means a foster child support organization that has been certified and listed by the division pursuant to subsection (d) of this Code section. (8) 'Wraparound services' means services provided directly to aging foster children to support their education through postsecondary education services, housing services, vocation services, medical services, counseling services, mentorship services, nutrition services, transportation services, or up to $150.00 per month in direct cash payments for use on personal necessities. (b)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed $20 million per calendar year. (2) Subject to the aggregate limit provided in paragraph (1) of this subsection and the limitations of subsection (b.1) of this Code section, each taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified contributions made by the taxpayer on or after January 1, 2023, as follows: (A) In the case of a single individual or a head of household, the actual amount of qualified contributions made; (B) In the case of a married couple filing a joint return, the actual amount of qualified contributions made; (C) Anything to the contrary contained in subparagraph (A) or (B) of this paragraph notwithstanding, in the case of an individual taxpayer who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the actual amount of qualified contributions it made; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership; or (D) A corporation or other entity not provided for in subparagraphs (A) through (C) of this paragraph shall be allowed a credit against the tax imposed by this chapter, for qualified contributions in an amount not to exceed the actual amount of qualified contributions made. (b.1) For the period beginning on January 1 and ending on June 30 of each year, an individual taxpayer shall not be allowed credit for contributions, and the commissioner shall not preapprove any contributions, that exceed the following limits: (1) In the case of a single individual or a head of household, $2,500.00; (2) In the case of a married couple filing a joint return, $5,000.00;

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(3) In the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, $5,000.00; or (4) In the case of a corporation or other entity not provided for in paragraphs (1) through (3) of this subsection, 10 percent of such entity's income tax liability. (c) Not later than October 1, 2022, the commissioner shall establish a page on the department's website for the purpose of implementing this Code section. Such page shall contain, at a minimum: (1) A link to the division's web based application for certification as a qualified organization as provided for in subsection (d) of this Code section; (2) The current list of all qualified organizations; (3) The total amount of tax credits remaining and available for preapproval for each year; (4) A web based method for taxpayers seeking the preapproval status for contributions; and (5) The information received by the department from each qualified organization pursuant to paragraph (1) of subsection (g) except for division (g)(1)(B)(iv) of this Code section. (d)(1) The division shall establish and maintain a web based application process for the purpose of certifying foster child support organizations as qualified organizations. At a minimum such application created by the division shall include an agreement submitted by the applicant to fully comply with the terms and conditions of this Code section. (2) The division shall certify any valid foster child support organization as a qualified organization upon successful completion of such application process. (3) The division shall certify any foster child support organization operating as a Georgia licensed child-placing agency as a qualified organization within ten days of receipt of a written request or application. (4) The division shall accept a first round of applications for certification as qualified organizations by October 1, 2022, and shall certify and notify such applicants of the division's decision on or before November 30, 2022. Thereafter the division shall establish a process for rolling applications and certifications. (e)(1) Prior to making a contribution to any qualified organization, the taxpayer shall electronically notify the department, in a manner specified by the commissioner, of the total amount of contribution that such taxpayer intends to make to such qualified organization. (2) Within 30 days after receiving a request for preapproval of contributions, the commissioner shall preapprove, deny, or prorate requested amounts on a first come, first served basis and shall provide notice to such taxpayer and the qualified organization of such preapproval, denial, or proration. Such notices shall not require any signed release or notarized approval by the taxpayer. The preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the

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aggregate total limit established under paragraph (1) of subsection (b) of this Code section. (3) Within 60 days after receiving the preapproval notice issued by the commissioner pursuant to paragraph (2) of this subsection, the taxpayer shall contribute the preapproved amount to the qualified organization or such preapproved contribution amount shall expire. The commissioner shall not include such expired amounts in determining the remaining amount available under the aggregate limit for the respective calendar year. (f)(1) Each qualified organization shall issue to each contributor a letter of confirmation of contribution, which shall include the taxpayer's name, address, tax identification number, the amount of the qualified contribution, the date of the qualified contribution, and the total amount of the credit allowed to the taxpayer. (2) In order for a taxpayer to claim the tax credit allowed under this Code section, all such applicable letters as provided for in paragraph (1) of this subsection shall be attached to the taxpayer's tax return. When 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 to be affixed and transmitted to the department. In any such event, the taxpayer shall maintain such confirmation and such confirmation shall only be made available to the commissioner upon request. (3) The commissioner shall allow tax credits for any preapproved contributions made to a qualified organization at the time the contributions were made if such organization was a qualified organization at the time of the commissioner's preapproval of the contributions and the taxpayer has otherwise complied with this Code section. (g)(1) Each qualified organization shall annually submit to the department no later than May 15 of each year:
(A) A complete copy of its IRS Form 990 including applicable attachments, or for any qualified organization that is not required by federal law to file an IRS Form 990, such organization shall submit to the commissioner equivalent information on a form prescribed by the commissioner; and (B) A report detailing the contributions received during the calendar year pursuant to this Code section on a date determined by, and on a form provided by, the commissioner which shall include:
(i) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (ii) The total number and dollar value of corporate contributions and tax credits approved; (iii) The total number and dollar value of all qualified expenditures made; and (iv) A list of contributors, including the dollar value of each contribution and the dollar value of each approved tax credit.

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(2) Except for the information published in accordance with subsection (c) of this Code section, all information or reports relative to this Code section that were provided by qualified organizations to the department shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether such information relates to the contributor or the qualified organization. (h) By April 1 of each year each qualified organization shall publicly post on its website in a prominent place a copy of its prior year's annual budget containing the total amount of funds received from all sources relative to the amount of qualified contributions it received and the total amount and a description of how such contributions were utilized. (i)(1) A taxpayer shall not be allowed to designate or direct the taxpayer's qualified contributions to any particular purpose or for the direct benefit of any particular individual. (2) A taxpayer that operates, owns, or is a subsidiary of an association, organization, or other entity that contracts directly with a qualified organization shall not be eligible for tax credits allowed under this Code section for contributions made to such qualified organization. (3) In soliciting contributions, no person shall represent or direct that, in exchange for making qualified contributions to any qualified organization, a taxpayer shall receive any direct or particular benefit. The status as a qualified organization shall be revoked for any qualified organization determined to be in violation of this paragraph and shall not be renewed for at least two years.
(j)(1)(A) Each qualified organization shall use at least 80 percent of the funds received by it from qualified contributions to make qualified expenditures. Each qualified organization shall maintain accurate and current records of all expenditures of such funds and provide such records to the commissioner upon his or her request. (B) No foster child support organization that meets only the definition of such term as provided in division (a)(4)(C)(ii) of this Code section shall retain more than 2. 5 percent of qualified contributions for itself for any reason and shall only serve to pass all of its qualified contributions to one or more qualified organizations that are foster child support organization as such term is defined in subparagraphs (a)(4)(A), (a)(4)(B), or division (a)(4)(C)(i) of this Code section. (2) A qualified organization that fails to comply with any of the requirements under this Code section shall be given written notice by the department of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (3) Upon failure to correct all deficiencies within 90 days, the department shall revoke the foster child support organization's status as a qualified organization and such entity shall be immediately removed from the department's list of organizations. All applications for preapproval of tax credits for contributions to such foster child support organization under this Code section made on or after the date of such removal shall be rejected.

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(4) Each foster child support organization that has had its status revoked and has been delisted pursuant to this Code section, shall immediately cease all expenditures of funds received relative to this Code section, and shall transfer all of such funds that are not yet expended, to a properly operating qualified organization within 30 calendar days of its removal from the department's list of qualified organizations. (k)(1) No credit shall be allowed under this Code section to a taxpayer for any amount of qualified contributions that were utilized as deductions or exemptions from taxable income. (2) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (l) The chairperson of the House Appropriations Committee and the chairperson of the Senate Committee on Appropriations shall have the authority to request an audit concerning this Code section as a whole or of any one or more qualified organizations. The commissioner, the state auditor, each qualified organization, each aging-out program, and the director of division shall cooperate to the full extent necessary to conduct such audits. (m) At the discretion of the commissioner or the director of the division, any suspected misuse of funds contributed or expended pursuant to this Code section shall be forwarded to the Attorney General for investigation and prosecution. (n) The commissioner shall promulgate rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 2. This Act shall become effective on July 1, 2022, and shall be applicable to taxable years beginning on or after January 1, 2023.

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

Approved May 9, 2022.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE AND TAXATION PROVIDES STATE-WIDE EXEMPTION FROM AD VALOREM TAXES FOR EQUIPMENT USED BY TIMBER PRODUCERS.

No. 859 (House Bill No. 997).

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 a state-wide exemption from all ad valorem taxes for certain equipment used by timber producers to produce or harvest timber; to provide for a referendum; to provide for effective dates, applicability, and automatic 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:

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 Code section to read as follows:
"48-5-41.3. (a) As used in this Code section, the term:
(1) 'Timber equipment' means: (A) Any equipment other than motor vehicles, whether fixed or mobile, which is owned by or held under a lease-purchase agreement by a timber producer and directly used in the production or harvest of timber. (B)(i) Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use. (ii) Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvesters, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, mid-motor graders, and the related attachments.
(2) 'Timber producer' means any one or more individuals or any entity, which is registered to do business in this state, that is primarily engaged in the good faith subsistence or commercial production or harvest of timber products. Such persons may also be engaged in one or more of the following secondary practices:

GEORGIA LAWS 2022 SESSION

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(A) Land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain; (B) The promotion, preservation, or management of wildlife habitat; (C) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (D) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (E) The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water. (3) 'Timber products' means trees, timber, or other wood and wood fiber products grown from or on the land. (b) On and after January 1, 2023, timber equipment shall be exempt from all ad valorem property taxes in this state."

SECTION 2. The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on 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 grants a state-wide exemption from all ad ( ) NO valorem taxes for certain equipment used by timber producers in the production or harvest of timber?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. It shall be the duty of each county election superintendent to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. In accordance with the requirements of Article VII, Section II, Paragraph II(a)(1) of the Constitution of the State of Georgia, Section 1 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 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 10, 2022.

__________

GAME AND FISH PREVENTS NET LOSS OF LAND ACREAGE AVAILABLE FOR HUNTING OPPORTUNITIES ON CERTAIN STATE OWNED LANDS; EXTENDS DATE.

No. 860 (House Bill No. 1349).

AN ACT

To amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to legislative declarations, ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to extend the date on which the Department of Natural Resources shall attempt to prevent net loss of land acreage available for hunting opportunities on department managed state owned lands; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to legislative declarations, ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, is amended by revising paragraph (1) of subsection (c) as follows:
"(c)(1) To the greatest practical extent, department land management decisions and actions shall not result in any net loss of land acreage available for hunting opportunities on department managed state owned lands that exists on July 1, 2022."

GEORGIA LAWS 2022 SESSION

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

Approved May 10, 2022.

__________

GAME AND FISH REVISES PENALTIES REGARDING HUNTING WITHOUT LANDOWNER'S PERMISSION.

No. 861 (House Bill No. 343).

AN ACT

To amend Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to requirement of permission to hunt on lands of another, written permission, enforcement, and immunity of landowner from civil liability, so as to revise 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 27-3-1 of the Official Code of Georgia Annotated, relating to requirement of permission to hunt on lands of another, written permission, enforcement, and immunity of landowner from civil liability, is amended by revising said Code section as follows:
"27-3-1. (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. Such permission shall not be required, however, if the person hunting or a member of the person's family is the owner of the land, the lessee of the land, or the lessee of the game rights of the land. For the purposes of this Code section only, 'family' means mother, father, son, daughter, brother, sister, uncle, aunt, son-in-law, daughter-in-law, niece, nephew, grandson, granddaughter, grandmother, grandfather, or spouse. (b) If the land is posted and if the owner of the land, lessee of the land, or lessee of the game rights of the land has informed a law enforcement agency that permission to hunt upon the land must be in writing, then the permission required by subsection (a) of this Code section must be in writing and must be carried on the hunter's person.
(c)(1) Except as otherwise provided in this subsection, any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $975.00.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Any person who violates subsection (a) or (b) of this Code section for the second time within a two-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $2,000.00; and the department shall revoke the right of such person to a hunting license for a period of one year for each such second conviction within a two-year period. (3) Any person who violates subsection (a) or (b) of this Code section for a third or subsequent time within a three-year period shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $3,000.00; and the department shall revoke the right of such person to a hunting license for a period of three years for each such third or subsequent conviction within a three-year period. (4) The minimum fines and revocation periods specified in this subsection shall not apply, however, to an offender who is 17 years of age or younger. (d) It shall be the duty of any peace officer whose duty it is to preserve the peace or make arrests or enforce the law to enforce this Code section. (e) Any owner of land, lessee of land, or lessee of the game or fishing rights to land who gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge shall be entitled to the same protection from civil liability provided by Article 2 of Chapter 3 of Title 51 for landowners who allow the public to use their land for recreational purposes without charge."

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

Approved May 10, 2022.

GEORGIA LAWS 2022 SESSION

741

REVENUE AND TAXATION EXTENDS AUTOMATIC REPEAL OF SALES TAX EXEMPTION FOR SALES OF TICKETS, FEES, OR CHARGES FOR ADMISSION TO CERTAIN FINE ARTS PERFORMANCES OR EXHIBITIONS; REVISES PERIOD FOR APPLICATIONS FOR TAX CREDIT FOR QUALIFIED DONATIONS OF REAL PROPERTY.

No. 862 (House Bill No. 586).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to extend the automatic repeal of a sales tax exemption for sales of tickets, fees, or charges for admission to certain fine arts performances or exhibitions; to revise the period for applications for the tax credit for qualified donations of real property; to provide for an aggregate cap; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation is amended by revising paragraph (100) of Code Section 48-8-3, relating to exemptions from sales and use taxes, is amended by revising paragraph (100) 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, 2027;"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said title is further amended by revising paragraph (3) of subsection (d) of Code Section 48-7-29.12, relating to tax credits for qualified donation of real property, as follows:
"(3)(A) Beginning on January 1, 2016, and ending on December 31, 2021, the aggregate amount of tax credits allowed under this Code section shall not exceed $30 million per calendar year. For the period beginning on June 1, 2022, and ending on December 31, 2026, the aggregate amount of tax credits allowed under this Code section shall not exceed $4 million per calendar year. The Department of Natural Resources shall accept no new applications for the tax credits allowed under this Code section after December 31, 2026. (B) Prior to any renewal of the exemption for donations of real property beyond the date authorized by subparagraph (A) of this paragraph, the Department of Natural Resources shall provide a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee on the activity of the program occurring during the preceding years. The report shall include, but not be limited to:
(i) The number of applications and the total number of acres donated; (ii) The value of the qualified donations accepted into the program and which two of the five conservation purposes contained in paragraph (2) of subsection (a) of this Code section were the basis for the qualification of the property; (iii) The aggregate amount of income tax credits granted pursuant to this Code section; and (iv) A listing of the direct and indirect benefits to the state due to the donation of land for conservation purposes."

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, 2022.

GEORGIA LAWS 2022 SESSION

743

GAME AND FISH ALLOWS BOARD OF NATURAL RESOURCES TO AUTHORIZE TRAPPING ON PRIVATE LAND AND HUNTING
OF RACCOONS AND OPOSSUM YEAR ROUND.

No. 863 (House Bill No. 1147).

AN ACT

To amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to authorize, at the discretion of the Board of Natural Resources, the trapping on private land and hunting of raccoons and opossum year round; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, is amended by revising Code Section 27-3-15, relating to seasons and bag limits, as follows:
"27-3-15. (a) It shall be unlawful to hunt the following game species at any time during the periods set forth below:

Game Species

Closed Season

(1) Quail

March 16 -- Oct. 31

(2) Grouse

March 1 -- Oct. 14

(3) Turkey

(A) Gobblers

May 22 -- March 14

(B) Hens

All year

(4) Deer

Jan. 16 -- Sept. 7; except that as may be appropriate, and based solely on sound wildlife management principles, the department may by rule extend the season by region, by county, or locale to Jan. 31 for archery only.

(5) Bobcat

March 1 -- Oct. 14

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) Opossum

No closed season, except as may be adopted by the board

(7) Rabbit

March 1 -- Oct. 31

(8) Raccoon

No closed season, except as may be adopted by the board

(9) Squirrel

March 1 -- August 14

(10) Bear

Jan. 16 -- Sept. 7

(11) Sea turtles and their eggs

All year

(12) Cougar (Puma concolor)

All year

(13) Alligators

Nov. 1 -- March 31

(14) Migratory game birds

March 11 -- August 31

(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 1 -- March 15

12

No limit

(2) Grouse

Oct. 15 -- Feb. 29

3

No limit

(3) Turkey gobblers

March 15 -- May 21

3

3

(4) Deer

Sept. 8 -- Jan. 15; except that as may be appropriate and based solely on sound wildlife management principles, the department may by rule extend the season by region, by county, or locale to Jan. 31 for archery only

12

12

The department may by

rule exempt deer taken

on department managed

lands from the

state-wide bag limit.

(5) Bobcat (6) Opossum (7) Rabbit

Oct. 15 -- Feb. 29 Jan. 1 -- Dec. 31 Nov. 1 -- Feb. 29

No limit No limit
12

No limit No limit No limit

GEORGIA LAWS 2022 SESSION

745

(8) Raccoon Jan. 1 -- Dec. 31

No limit No limit

(9) Squirrel Aug. 15 -- Feb. 29

12

No limit

(10) Fox

Jan. 1 -- Dec. 31

No limit No limit

(11) Migratory Sept. 1 -- March 10 game birds

Subject to limits set by the federal government and adopted by the board

(12) Bear

Sept. 8 -- Jan. 15

2

2

The department may by

rule exempt bear taken

on department managed

lands from the

state-wide bag limit.

(13) Alligators April 1 -- Oct. 31

Subject to limits

adopted by the board

(c) In accordance with subsection (b) of this Code section and as may be appropriate,

based on sound wildlife management principles, the board is authorized to promulgate rules

and regulations establishing open seasons on a state-wide, regional, or local basis and

establishing daily and season bag limits. (d) In accordance with subsection (b) of this Code section and in accordance with the framework of open hunting season dates for migratory game birds established by the United States Fish and Wildlife Service and as may be appropriate based on sound wildlife management principles, the board is authorized to promulgate rules and regulations establishing methods of taking, daily and season bag limits, and open seasons for migratory

game birds on a state-wide, regional, or local basis. The board is specifically authorized to promulgate such rules and regulations without complying with Chapter 13 of Title 50,

the 'Georgia Administrative Procedure Act'; and all rules and regulations promulgated by

the board pursuant to this subsection shall be effective immediately upon adoption by the

board.

(e) It shall be unlawful for any person to possess more than the daily bag limit or more

than the aggregate of the daily bag limits while in the field or while returning from the field

to one's automobile or principal means of land transportation or to one's permanent abode

or temporary or transient place of lodging or to a commercial storage facility or to a post

office or to a common carrier facility.

(f) Notwithstanding the provisions of subsections (a) and (b) of this Code section, it shall

be unlawful to take the species designated below, except squirrels, by means of falconry

at any time during the period March 16 through September 30; but it shall not be unlawful to take the species designated below, except squirrels, by means of falconry during the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

period October 1 through March 15. It shall be unlawful to take squirrels by means of falconry at any time during the period March 16 through August 14, but it shall not be unlawful to take squirrels by means of falconry at any time during the period August 15 through March 15 in such number not exceeding the bag limits for each such species as follows:

Game Species

Maximum Bag Limits

Daily

Season

(1) Quail

12

No limit

(2) Grouse

3

No limit

(3) Rabbit

12

No limit

(4) Squirrel

12

No limit

(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. Said chapter is further amended by revising Code Section 27-3-62, relating to open seasons, as follows:
"27-3-62. (a) Except as otherwise specifically provided in this Code section, it shall be unlawful to trap any wildlife in this state between March 1 and November 19. (b) It shall be unlawful to trap any wildlife during the period between November 20 and February 29, except as otherwise provided in this Code section and except that it shall not be unlawful to trap a fur-bearing animal during that period or a portion thereof if that period or portion thereof is designated by the board as an open trapping season for such fur-bearing animal. (c) In accordance with subsection (b) of this Code section and as may be appropriate in accordance with sound wildlife management principles, the board is authorized to promulgate rules and regulations establishing open seasons for the trapping of fur-bearing animals on a state-wide, regional, or local basis. (d) Notwithstanding subsection (a) or (b) of this Code section, it shall be lawful to trap on private land not operated by the department beaver, raccoons, opossum, rats, and mice at any time during the year. It shall also be lawful for any person to set steel traps within 200 yards of the residence or dwelling of any such person for the protection of livestock, ratites, poultry, or other fowl or domestic animals from any predatory bird or animal. (e) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."

GEORGIA LAWS 2022 SESSION

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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 10, 2022.

__________

GAME AND FISH POSSESSION OF CERVID CARCASSES.

No. 864 (House Bill No. 1148).

AN ACT

To amend Code Section 27-5-2.1 of the Official Code of Georgia Annotated, relating to possession of cervid carcasses, so as to remove definitions; to amend which cervid parts may be brought in from outside of Georgia; to authorize the Department of Natural Resources to restrict the movement or transport of cervid carcasses, or carcass parts, upon detection of chronic wasting disease in certain places; to provide for enforcement of violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 27-5-2.1 of the Official Code of Georgia Annotated, relating to possession of cervid carcasses, is amended as follows:
"27-5-2.1. (a) As used in this Code section, the term:
(1) 'Cervid' means a member of the family cervidae. (2) 'Chronic wasting disease' means a fatal disease that belongs to a group of diseases known as transmissible spongiform encephalopathies and that affects the brains of cervids. (3) 'Importation' means the transportation of a cervid, cervid carcass, or carcass part into this state. (4) 'Whole' means the entire carcass, whether eviscerated or not, prior to the carcass being processed. (b)(1) It shall be unlawful for any person, firm, partnership, or association to import, bring, or cause to be imported or brought into this state any live cervid, except as

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GENERAL ACTS AND RESOLUTIONS, VOL. I

otherwise authorized by rule or regulation of the board in effect as of January 1, 2007, or such later date as may be provided by Code Section 27-1-39.
(2)(A) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (B) The hunting and fishing privileges of any person convicted of violating paragraph (1) of this subsection shall be suspended for not less than three years from the date of conviction. (c) It shall be unlawful for any person to import or possess a whole cervid carcass or cervid carcass part from any place outside of Georgia, except for any one or more of the following cervid carcass parts: (1) Boned-out meat or products thereof; (2) Antlers, skulls, skull plates, teeth, or jawbones with no soft tissue attached; (3) Hides with no heads attached; and (4) Finished taxidermy mounts. (d) Upon the detection of chronic wasting disease in this state or any county adjacent to the borders of this state, the department shall have the authority to restrict the movement or transport of cervid carcasses, or carcass parts within this state. A violation of any such restriction shall be treated as a violation of this Code section."

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

Approved May 10, 2022.

GEORGIA LAWS 2022 SESSION

749

DOMESTIC RELATIONS REVISES PROVISIONS REGARDING VISITATION ACTIONS BROUGHT BY CERTAIN GRANDPARENTS OF MINOR CHILDREN.

No. 866 (Senate Bill No. 576).

AN ACT

To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, mediation, hearing, and notification to family members of child's participation in events, so as to revise provisions regarding visitation actions brought by certain grandparents of minor children; to provide for a rebuttable presumption; to provide for a response to Patten v. Ardis, 304 Ga. 140 (2018); to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, mediation, hearing, and notification to family members of child's participation in events, is amended by revising subsection (d) as follows:
"(d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a grandparent shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such grandparent. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the death, incapacitation, or incarceration of the child's parent:
(A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) While a custodial parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent when there is a preexisting relationship between the child and such grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption."

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

Approved May 12, 2022.

__________

INSURANCE SURPRISE BILLING CONSUMER PROTECTION ACT; INCLUDES MENTAL HEALTH CONDITION OR SUBSTANCE USE DISORDER AS MEDICAL OR TRAUMATIC CONDITION, SICKNESS, OR INJURY AND EMERGENCY MEDICAL SERVICES AS POST-STABILIZATION SERVICES; FINANCIAL RESPONSIBILITIES AND RIGHTS AS TO NONEMERGENCY MEDICAL SERVICES; PREFERRED PROVIDERS.

No. 867 (Senate Bill No. 566).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify that, under the "Surprise Billing Consumer Protection Act," a medical or traumatic condition, sickness, or injury includes a mental health condition or substance use disorder and that emergency medical services include post-stabilization services; to preserve a covered person's financial responsibilities and a nonparticipating facility's rights with respect to nonemergency medical services received from a nonparticipating facility; to clarify that, for preferred provider arrangements under group or blanket accident and sickness insurance,

GEORGIA LAWS 2022 SESSION

751

emergency services or emergency care includes health care services that are provided for a mental health condition or substance use disorder and includes post-stabilization health care services; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (5) of subsection (b) of Code Section 33-20E-2, relating to application to insurers and definitions regarding surprise billing, as follows:
"(5) 'Emergency medical services' means medical services rendered for a medical or traumatic condition, sickness, or injury, including a mental health condition or substance use disorder, in which a person is 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. 'Emergency medical services' includes medical services rendered after such person is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which such services are furnished, unless each of the conditions of subdivision (a)(3)(C)(ii)(II) of the federal Public Health Service Act, 42 U.S.C. Section 300gg-111 are met."

SECTION 2. Said title is further amended by adding a new subsection to Code Section 33-20E-5, relating to payment for nonemergency medical services under the "Surprise Billing Consumer Protection Act," to read as follows:
"(e) Notwithstanding any other law or regulation to the contrary, nothing in this Code section shall affect a covered person's financial responsibilities or a nonparticipating facility's rights with respect to nonemergency medical services received from a nonparticipating facility."

SECTION 3. Said title is further amended by revising paragraph (1) of Code Section 33-30-22, relating to definitions regarding preferred provider arrangements under group or blanket accident and sickness insurance, as follows:

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"(1) 'Emergency services' or 'emergency care' means those health care services that are provided for a condition, including but not limited to a mental health condition or substance use disorder, in which a person is 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. 'Emergency services' or 'emergency care' includes medical services rendered after such person is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which such services are furnished, unless each of the conditions of subdivision (a)(3)(C)(ii)(II) of the federal Public Health Service Act, 42 U.S.C. Section 300gg-111 are met."

SECTION 4. This Act shall become effective July 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 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2022.

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753

CRIMES AND OFFENSES CRIMINAL PROCEDURE MOTOR VEHICLES AND TRAFFIC PROVIDES FOR OFFENSE OF IMPERSONATING AN OFFICER OF COURT AND LIMITATIONS REGARDING USE OF ELECTRONIC MONITORING DEVICES; PROVIDES FOR WAIVER OF RESTORATION FEES IN REINSTATEMENT OF DRIVER'S LICENSES BY COURT ORDER; PROVIDES FOR JUDICIAL DISCRETION IN SUSPENSION OF DRIVER'S LICENSE UPON FAILURE TO APPEAR FOR CERTAIN TRAFFIC VIOLATIONS.

No. 868 (Senate Bill No. 10).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for the offense of impersonating an officer of the court; to provide for limitations regarding the use of electronic monitoring devices; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the waiver of restoration fees in the reinstatement of driver's licenses by order of the court; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for judicial discretion in suspension of a driver's license upon failure to appear for certain traffic violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-10-23, relating to impersonating a public officer or employee, as follows:
"16-10-23. A person who falsely holds himself or herself out as a peace officer, officer of the court, or other public officer or employee with intent to mislead another into believing that he or she is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. Said title is further amended by adding a new paragraph and by revising paragraphs (6) and (7) of Code Section 16-11-62, relating to eavesdropping, surveillance, or intercepting communication which invades privacy of another and divulging private message, as follows:
"(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; (7) Any person to intentionally and in a clandestine manner place, or direct someone else to place, a global positioning system monitoring device, or any other electronic monitoring device, on a motor vehicle owned or leased by another person without the consent of such person when such person has a protective order pursuant to Code Section 17-17-16, 19-13-4, or 19-13A-4, or a protective order from another jurisdiction, against the person who places, or directs another to place, the global positioning system monitoring device or other electronic device. Nothing in this paragraph shall be construed to limit electronic monitoring as provided in Code Sections 31-7-12, 31-7-12.1, and 31-6-2; or (8) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (7) of this Code section which invade the privacy of another."

SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-6-11, relating to display of driver's license for violation of certain traffic related laws, notice of failure to appear, suspension of license, arrest, and seizure of license, by revising subsection (b) as follows:
"(b)(1) When a uniform traffic citation is issued and if the accused fails to appear for court or otherwise dispose of his or her charges before his or her scheduled court appearance as stated on the uniform traffic citation, prior to the court issuing a bench warrant, the clerk of court shall notify the accused by first-class mail or by postcard at the address listed on the uniform traffic citation of his or her failure to appear. Such notice shall be dated and allow the accused 30 days from such date to dispose of his or her charges or waive arraignment and plead not guilty. If after the expiration of such 30 day period the accused fails to dispose of his or her charges or waive arraignment and plead not guilty, the clerk of court in which the charges are lodged shall, within five days of such date, forward to the Department of Driver Services the accused's driver's license number unless otherwise ordered by the court. The commissioner of driver services shall, upon receipt of such driver's license number, suspend such accused's driver's license and driving privilege until notified by the clerk of court that the charge against the accused has been finally adjudicated or the court has ordered such accused driver's license to be reinstated. Such accused's driver's license shall be reinstated when the Department of Driver Services receives proof of the final adjudication or order of reinstatement by the

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court and the accused individual pays to the Department of Driver Services the applicable restoration fee as set forth in Code Section 40-5-56, unless such fee is waived by the court or otherwise as provided by law. (2) This subsection shall not apply to any violation of Title 40:
(A) For which a driver's license may be suspended for a first offense by the commissioner of driver services; (B) Covered under Code Section 40-5-54; or (C) Covered under Article 15 of Chapter 6 of Title 40."

SECTION 4. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license, as follows:
"40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary and unless otherwise ordered by the court, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation may result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear; provided, however, that the department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the person's mailing address. For purposes of this subsection, the term 'certificate of mailing' means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted. (b) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed or the court orders such person's driver's license be reinstated. Such person's license shall be reinstated when the department receives proof of payment of any fines and penalties or order of reinstatement by the court and the person pays the applicable restoration fee of $100.00 or $90.00 when such reinstatement is processed by mail to the department, unless such fee is waived by the court or otherwise as provided by law. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter."

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

Approved May 13, 2022.

__________

PUBLIC OFFICERS AND EMPLOYEES PROVIDES FOR SUSPENSION OF COMPENSATION FOR CERTAIN PUBLIC OFFICERS SUSPENDED BECAUSE OF FELONY INDICTMENT.

No. 869 (Senate Bill No. 337).

AN ACT

To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for the suspension of compensation for certain public officers who are suspended because of indictment for a felony; 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 45 of the Official Code of Georgia Annotated, relating to vacation of office, is amended by revising Code Section 45-5-6, relating to public official investigated by special commission upon indictment, gubernatorial review if commission recommends suspension, suspension, reinstatement, and replacement or temporary officer, as follows:
"45-5-6. (a) As used in this Code section, the term 'public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor-general of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney. (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 who shall, subject to subsection (e) of this Code section, appoint a review commission. Except as provided in this subsection, the commission shall be composed of the Attorney General and two public officials who hold the same office as the individual indicted. The members of the commission shall receive no compensation

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for their services but shall be reimbursed for any expenses incurred in connection with the investigation. The funds necessary to conduct the investigation shall come from funds appropriated to the executive branch of government. 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. (c) Unless a longer period of time is granted by the Governor, the commission shall make a written report to the Governor 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 commission shall recommend that the public official be suspended from office. If, and only if, the commission recommends suspension, then the Governor shall review the findings and recommendations of the commission and may suspend the public officer from office immediately and without further action pending the final disposition of the case or until the expiration of his or her 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 public official shall be immediately reinstated to the office from which he or she was suspended. While a public official is suspended under this Code section, the public official shall not be entitled to receive the compensation from his or her office. If the public official is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Code section. For the purpose of back compensation only, reinstatement may occur after the expiration of the public official's term of office.
(d)(1) For the duration of any suspension of any elected member of any municipal or consolidated city-county governing authority under this Code section, a replacement officer for the public officer suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. For the duration of any suspension of any other public official under this Code section, a replacement officer for the public official shall be appointed as provided for in any applicable general or local law governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the Governor shall appoint a replacement officer for the public official suspended. (2) Upon the final conviction, the office of the public official shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office. (e) No commission shall be appointed for a period of 14 days from the day the Governor receives the indictment. This period may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor to suspend him or her from office. Any such voluntary suspension shall be subject to the same conditions

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for review, reinstatement, or declaration of vacancy as are provided in this Code section for nonvoluntary suspensions. (f) After any suspension under this Code section, the suspended public official may petition the Governor for a review. The Governor may reappoint the commission to review the suspension. The commission shall make a written report in 14 days. If the commission recommends that the public official be reinstated, such public official shall immediately be reinstated to office. (g) 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 records of the commission shall not be open to the public. (h) The provisions of this Code section shall not apply to any indictment handed down prior to January 1, 1985. (i) If a public official who is suspended from office under the provisions of this Code section 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 subsection if he or she is not so tried based on a continuance granted upon a motion made only by the defendant. (j) Unless otherwise provided by local law, in the event the Governor appoints a member of a governing authority as a temporary replacement for a suspended public official under paragraph (1) of subsection (d) of this Code section, the governing authority, by majority vote, shall select a temporary replacement who is qualified by law to serve as such member of the governing authority, to fill such member's seat on the governing authority until such time as the suspension of the public official is terminated or the end of such member's current term on the governing authority, whichever is earlier. Before selecting such temporary replacement, the governing authority shall advertise its intention to select such temporary replacement in the applicable legal organ at least once a week for two weeks and on the governing authority's website, if it has one, and shall solicit applicants for such temporary replacement position."

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

Approved May 13, 2022.

GEORGIA LAWS 2022 SESSION

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SOCIAL SERVICES INCREASES POSTPARTUM COVERAGE UNDER MEDICAID FROM SIX MONTHS TO ONE YEAR FOLLOWING END OF PREGNANCY.

No. 870 (Senate Bill No. 338).

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 increase postpartum coverage under Medicaid from six months to one year following the end of the pregnancy; 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 revising Code Section 49-4-159, relating to Medicaid coverage for lactation and postpartum care, as follows:
"49-4-159. (a) The department shall provide Medicaid coverage for:
(1) Lactation care and services, as defined in paragraph (5) of Code Section 43-22A-3, to pregnant and lactating women and to children who are breastfeeding or receiving their mother's milk; and (2) Postpartum care for mothers for a period of one year following the date the pregnancy ends. (b) If necessary to implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services."

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

Approved May 13, 2022.

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CONTRACTS RETAINAGE OF PROGRESS PAYMENTS ON CONTACTS FOR WATER OR SEWER FACILITIES.

No. 871 (Senate Bill No. 438).

AN ACT

To amend Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to retention of contractual payments and creation of escrow accounts on contracts for installation, improvement, maintenance, or repair of water or sewer facilities, so as to change certain provisions relating to retainage of progress payments; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to retention of contractual payments and creation of escrow accounts on contracts for installation, improvement, maintenance, or repair of water or sewer facilities, is amended by revising subsections (b) and (c) of Code Section 13-10-80, relating to definitions, contract requirements, application, effect of greater benefits contracted for, and evidence of indebtedness paid, as follows:
"(b) In any public works construction contract entered into on or after July 1, 2022, with an owner, as defined in paragraph (3) of subsection (a) of this Code section, such contract shall provide for the following:
(1) After work has commenced at the construction site, progress payments to be made on some periodic basis, and at least monthly, based on the value of work completed as may be provided in the contract documents plus the value of materials and equipment suitably stored, insured, and protected at the construction site and at the owner's discretion such materials and equipment suitably stored, insured, and protected off site at a location approved by the owner's authorized contract representative when allowed by the contract documents, less retainage; and
(2)(A) Retainage to a maximum of 5 percent of each progress payment. At the discretion of the owner and with the approval of the contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. (B) At substantial completion of the work or such other standard of completion as may be provided in the contract documents and as the owner's authorized contract representative determines the work to be reasonably satisfactory, the owner shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the contractor. If at that

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time there are any remaining incomplete items, an amount equal to 200 percent of the value of each item as determined by the owner's authorized contract representative shall be withheld until such item or items are completed. The reduced retainage shall be shared by the contractor and subcontractors as their interests may appear. (C) The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage by the same percentage amount as the contractor's retainage is reduced by the owner; provided, however,that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work, including any warranty work as the contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (D) The subcontractor shall, within ten days from the subcontractor's receipt of retainage from the contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the contractor; provided, however, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work, including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. (c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $150,000.00 or 45 days in duration."

SECTION 2. Said article is further amended by revising Code Section 13-10-81, relating to authorization and procedure for retention of contractual payments by state or political subdivisions and procedure for final payments, as follows:
"13-10-81. (a) Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 5 percent of the gross value of the completed work as may be provided for in the contract. Retainage shall be invested at the current market rate and any interest earned on the retained amount by such department, agency, or instrumentality of the state or any political subdivision of the state

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shall be paid to the contractor when the project has been completed within the time limits specified and for the price specified in the contract, or in any amendments or change orders approved in accord with the terms of the contract, as certified pursuant to subsection (b) of this Code section. (b) Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the engineer in charge of the project covered by the contract that the work has been satisfactorily completed and is accepted in accordance with the contract, plans, and specifications. Payment to the contractor of interest earned on the retained amounts shall be made after certification by the engineer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract. (c) At substantial completion of the work and as the governmental entity's authorized contract representative determines the work to be reasonably satisfactory, the governmental entity shall, within 30 days after invoice and other appropriate documentation as may be required by the contract documents are provided, pay the retainage to the contractor. If at that time there are any remaining incomplete items, an amount equal to 200 percent of the value of each item as determined by the governmental entity's authorized contract representative shall be withheld until such item or items are completed."

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

Approved May 13, 2022.

__________

WATERS OF THE STATE, PORTS, AND WATERCRAFT REQUIRES CERTAIN WATERCRAFT TO HAVE DAY AND NIGHT VISUAL DISTRESS SIGNALS AND LIFESAVING DEVICES ON BOARD.

No. 872 (Senate Bill No. 469).

AN ACT

To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of registration, operation, and sale of watercraft, so as to require certain watercraft to have day and night visual distress signals on board when on coastal waters of Georgia; to provide for definitions; to require certain types of lifesaving devices on watercraft; 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 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions of registration, operation, and sale of watercraft, is amended by revising paragraphs (18) and (26) of Code Section 52-7-3, relating to definitions, as follows:
"(18) 'Personal flotation device' means any lifesaving device classified and approved by the regulations of the commandant of the United States Coast Guard." "(26) 'Visual distress signal' means a device that is approved and required by the commandant of the United States Coast Guard for the purpose of indicating a vessel in distress, including flares, smoke signals, and nonpyrotechnic signals. (27) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public."

SECTION 2. Said article is further amended by revising Code Section 52-7-8, relating to classification of vessels and required equipment, as follows:
"52-7-8. (a) Classification. Vessels subject to the provisions of this article shall be divided into four classes as follows:

(1) Class A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Less than 16 feet in length

(2) Class 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 feet or over and less than 26 feet in length

(3) Class 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 feet or over and less than 40 feet in length

(4) Class 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet or more in length
(b) Lights. Every vessel in all weathers from sunset to sunrise shall carry and exhibit lights as provided by regulations of the board. (c) Whistle or horn. Every vessel of Class 2 or 3 shall be provided with an efficient whistle or horn or other sound-producing mechanical appliance capable of producing signals required by the rules for the prevention of collision enacted by Congress. (d) Visual distress signals. No person may operate a vessel upon the coastal waters of the state unless the required visual distress signal, including flares, smoke signals, and nonpyrotechnic signals, in the number required and of the type approved by the United States Coast Guard, are on board. (e) All vessels, when operated between the hours of sunset and sunrise shall carry the United States Coast Guard approved night visual distress signal. If a pyrotechnic visual

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distress signal is carried, a minimum of three unexpired visual distress signals shall be carried in the vessel. Pyrotechnic night visual distress signals are handheld red flare distress signals, parachute red flare distress signals with launcher, hand-held rocket-propelled parachute red flare distress signals, or red aerial pyrotechnic flare. Nonpyrotechnic nighttime visual distress signals include one electric distress light meeting the standards of 46 C.F.R. Subpart 161.013. One electric distress light shall meet the nighttime requirement. (f) All vessels, except recreational vessels that are less than 16 feet in length, nonmotorized open sailboats that are less than 26 feet in length, and manually propelled vessels, when operated between the hours of sunrise and sunset shall carry the United States Coast Guard approved daytime visual distress signals. Pyrotechnic daytime visual distress signals include all night visual distress signals as well as floating orange smoke distress signals and hand-held orange smoke distress signals. Nonpyrotechnic daytime visual distress signals include an orange flag meeting the standards of 46 C.F.R. Subpart 160.072. One orange flag shall meet the daytime only requirement. (g) For the purposes of this Code section, coastal waters shall be limited to those waters defined in 33 C.F.R. Section 175.105(b). (h) Lifesaving devices.
(1) Every vessel shall be equipped with and carry aboard, at all times, at least one personal flotation device classified and approved by the regulations of the commandant of the Coast Guard for each person on board. In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one throwable device classified and approved by the regulations of the commandant of the Coast Guard. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that the provisions of this subsection shall not apply to racing sculls, racing shells, racing sweeps, or homemade or inflatable rafts, as defined in subsection (o) of Code Section 52-7-12, if such rafts are operated no more than 100 feet from shore on a lake, pond, or other nonflowing body of water. (3) No person shall operate a moving vessel upon the waters of this state with a child under the age of 13 years on board such vessel unless such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel.

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(i) Fire extinguishers. (1) Every mechanically propelled Class A and Class 1 vessel, constructed so as to have enclosed areas which permit entrapment of gases or vapors, shall carry aboard one Type B-I United States Coast Guard approved hand portable fire extinguisher unless there is a United States Coast Guard approved fixed fire-extinguishing system installed in the machinery space. When such a fixed fire-extinguishing system is installed in the machinery space, no hand portable fire extinguisher will be required. (2) Every mechanically propelled Class 2 vessel, regardless of construction, shall carry aboard two Type B-I or one Type B-II United States Coast Guard approved hand portable fire extinguisher. When a United States Coast Guard approved fixed fire-extinguishing system is installed in the machinery space, one less Type B-I hand portable fire extinguisher is required. (3) Every mechanically propelled Class 3 vessel, regardless of construction, shall carry aboard three Type B-I or one Type B-I and one Type B-II United States Coast Guard approved hand portable fire extinguishers. When a United States Coast Guard approved fixed fire-extinguishing system is installed in the machinery space, one less Type B-I hand portable fire extinguisher is required. (4) The carriage of any dry stored pressure fire extinguishers not fitted with pressure gauges or indicating devices or any vaporizing liquid fire extinguishers containing carbon tetrachloride, chlorbomethane, or any other toxic vaporizing liquids is prohibited. (5) The carriage of any United States Coast Guard approved hand portable fire extinguisher or any fixed fire extinguishing system which is not fully charged shall be prohibited.
(j) Equipment exemptions in authorized races. Subsections (c) and(i) of this Code section shall not apply to vessels while competing in any race conducted pursuant to Code Section 52-7-19 or, if such vessels are designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. (k) Flame arrester for carburetor. Every vessel shall have the carburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with an efficient United States Coast Guard approved flame arrester, backfire trap, or other similar device. (l) Ventilation. Every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases. (m) Rules and regulations. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this article or the rules and regulations of the department made pursuant thereto. (n) Sale of personal flotation devices. It shall be unlawful for any person to sell or offer for sale within this state any personal flotation device which is not United States Coast

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Guard approved unless such device is clearly marked as follows: 'Notice: This personal flotation device is not United States Coast Guard approved.' (o) Definition. As used in this Code section, the term 'personal flotation device' shall not include flotation devices such as plastic toys, rafts, and other devices used for recreational purposes in or around swimming pools, lakes, or beaches when such devices are easily recognizable as not being designed or intended for use as lifesaving devices. (p) Penalty. Any person who violates this Code section shall be guilty of a misdemeanor."

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

Approved May 13, 2022.

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PROFESSIONS AND BUSINESSES PROHIBITS CERTAIN ADVERTISEMENTS RELATED TO PLUMBING.

No. 873 (House Bill No. 342).

AN ACT

To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit certain advertisements related to plumbing; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by revising subsection (b) of 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, as follows:
"(b)(1) No person shall engage in the business of plumbing as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.

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(2) No person shall engage in the business of plumbing as a journeyman plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. (3) A person who does not have a valid license from the Division of Master Plumbers and Journeyman Plumbers shall be prohibited from advertising in any manner that such person is in the business or profession of plumbing as a master plumber or journeyman plumber unless such person is licensed by the Division of Master Plumbers and Journeyman Plumbers and unless the work is performed by a licensed plumber."

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

Approved May 13, 2022.

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APPEAL AND ERROR PROVIDES FOR UNIFIED PROCEDURE FOR APPEALING DECISIONS OF LOWER JUDICATORY TO SUPERIOR OR STATE COURT.

No. 875 (House Bill No. 916).

AN ACT

To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for a unified procedure for appealing decisions of a lower judicatory to a superior or state court; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for superior and state court appellate jurisdiction and related exceptions; to provide for the preemption of certain laws; to provide for a uniform appellate procedure to superior and state courts; to clarify the standard of review; to provide for appeals to a jury; to provide for the permissibility of equitable practices and procedures not prescribed; to provide for standardized general procedures for appeals to superior and state court; to provide for petitions for review, responses, replies, and amendments thereto; to provide for the management of court proceedings and other related matters; to provide for service of process; to provide for deadline extensions; to provide for limited grounds for dismissal; to provide for transfer when venue or jurisdiction is improper; to provide for the record on appeal; to provide for transmission of the record; to provide for notice of a petitioner confined to jail; to provide for remand; to provide for the payment of costs and related exceptions; to provide for bonds and related security; to provide for procedures after review; to provide for dismissal or withdrawal and the effects thereof; to provide for damages for frivolous appeals and defenses in civil cases; to provide for the

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recovery of costs; to repeal and reserve Chapter 4 of said title, relating to certiorari to superior court; to amend various titles of the Official Code of Georgia Annotated, so as to provide for conforming changes; to correct cross-references and remove obsolete or improper references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I. SECTION 1-1.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by repealing in its entirety Chapter 3, relating to appeals to superior or state court, and enacting a new Chapter 3 to read as follows:

"CHAPTER 3

5-3-1. This chapter shall be known and may be cited as the 'Superior and State Court Appellate Practice Act.'

5-3-2. (a) The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits. (b) It is the intent of the General Assembly in enacting this chapter to:
(1) Provide a single, modern, and uniform procedure called a 'petition for review' for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state; (2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and (3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter. (c) Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall: (1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute; (2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and

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(3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

5-3-3. As used in this chapter, the term:
(1) 'Article 6 probate court' means a probate court with expanded jurisdiction as provided in Article 6 of Chapter 9 of Title 15. (2) 'Clerk' means a clerk of court or an individual who acts as the functional equivalent of a clerk of court if a lower judicatory does not have an official clerk of court. (3) 'Decision' means any formal or informal adjudication, decision, determination, judgment, order, ruling, or other act of a judicatory that is judicial or quasi-judicial in nature. (4) 'Final judgment' means a decision of a lower judicatory in a case that is no longer pending in a lower judicatory in which a petitioner has:
(A) Exhausted all appeals or administrative remedies available in the lower judicatory; and (B) Satisfied all conditions precedent to appeal provided by law, including, but not limited to, the conditions provided for in Code Section 33-2-26. (5) 'Judicatory' means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law. The term 'judicatory' shall include an arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body. (6) 'Lower judicatory' means any judicatory: (A) Inferior in authority to the superior and state courts; and (B) Subject to the appellate jurisdiction of the superior or state courts as provided by the laws and the Constitution of this state. (7) 'Perfect' or 'perfected' means to take all legal steps needed to complete service of process. (8) 'Person' means an individual, corporation, association, partnership, other organization, or other entity. (9) 'Petition for review' means any request for review of a final judgment filed in a reviewing court by a petitioner, including, but not limited to, any request for review formerly titled as a petition for writ of certiorari, petition for writ of mandamus, petition for writ of prohibition, or notice of appeal. (10) 'Reporting' shall have the same meaning as the term 'court reporting' as defined in paragraph (4) of Code Section 15-14-22. (11) 'Respondent' means a person who is adverse to the petitioner and a party to the dispute underlying the final judgment rendered by the lower judicatory. Except for reasons other than having rendered the final judgment under review, the term 'respondent' shall not include any judge, official, or member of the lower judicatory that rendered the

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final judgment under review. If there is no party adverse to the petitioner, the respondent shall be:
(A) For quasi-judicial decisions rendered by a state official, board, tribunal, commission, authority, council, or similar body, the respondent shall be the State of Georgia; (B) For quasi-judicial decisions rendered by a municipal official, board, tribunal, commission, authority, council, or similar body, the respondent shall be the corresponding municipality; and (C) For quasi-judicial decisions rendered by a county or local school system official, board, tribunal, commission, authority, council, or similar body, the respondent shall be the corresponding county or local school system. (12) 'Reviewing court' means a superior or state court reviewing a final judgment pursuant to this chapter.

5-3-4. (a) Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory. (b) The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:
(1) Juvenile courts; (2) The Municipal Court of Columbus; (3) The Civil Court of Macon-Bibb County; (4) The Civil Court of Richmond County; (5) The Georgia State-wide Business Court; (6) A civil case in an Article 6 probate court; (7) An order appointing a temporary administrator; and (8) Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized. (c) Except as provided in subsection (g) of Code Section 5-3-17, this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.

5-3-5. (a) Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall:
(1) Review only matters raised in the record of the proceeding in the lower judicatory; (2) Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous;

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(3) Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion; (4) Determine whether the final judgment was sustained by sufficient evidence; and (5) Review questions of law de novo. (b) A reviewing court shall conduct a de novo proceeding under this chapter if a de novo proceeding is specified by law. Cases reviewed under this subsection shall be heard by the reviewing court without a jury unless a jury trial is ordered by the reviewing court and authorized by law. (c) A demand for a jury trial under this chapter shall be filed in the reviewing court within 30 days after filing a petition for review.

5-3-6. (a) A petitioner invokes the appellate jurisdiction of a reviewing court under this chapter by filing a petition for review with the clerk of the reviewing court. (b) The consent of the lower judicatory shall not be required for the filing of a petition for review.

5-3-7. (a) Except as otherwise prescribed by law, superior and state court appellate practices and procedures not prescribed in this chapter shall be governed by the applicable superior or state court rules and orders of the reviewing court not in conflict with this chapter. (b) Except as otherwise provided in paragraph (2) of subsection (g) of Code Section 48-5-311, a petitioner shall file a petition for review with the clerk of the reviewing court within 30 days after the final judgment of the lower judicatory is:
(1) Signed and notice of the final judgment has been provided to all parties, if the lower judicatory does not have a clerk; or (2) Filed or recorded, whichever first occurs, if the lower judicatory has a clerk. (c) Except as provided in subsection (d) of this Code section, all parties to the proceedings in the lower judicatory are parties in the reviewing court. (d) Except for reasons other than having rendered the final judgment under review, any judge, official, or member of a lower judicatory that rendered the final judgment under review shall not be a party, defendant, or respondent in a petition for review. To correct such error, the reviewing court shall: (1) Require a petitioner to amend the petition for review; or (2) Upon the reviewing court's own motion, order the erroneously named judge, official, or member of a lower judicatory dismissed. (e) Except as otherwise required by law, a petition for review shall contain in substantially similar form the following: (1) A caption stating the name of the petitioner and the name of the respondent, if any; (2) The title 'PETITION FOR REVIEW TO SUPERIOR COURT' or 'PETITION FOR REVIEW TO STATE COURT' below the caption;

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(3) A body that includes the following: (A) The statement: '(name of petitioner), the petitioner named above, petitions the (Superior or State) Court of (name of county) for review of the final judgment rendered by (name of lower judicatory) on (date) with the following case number designated by the lower judicatory: (lower judicatory case number).'; (B) A concise statement of the final judgment being appealed; (C) A brief statement describing any existing recording, transcript, or other record of evidence in the lower judicatory; and (D) If the case before the lower judicatory is a criminal case, then a brief statement of the offense and sentence prescribed by the lower judicatory, if any, including whether the petitioner is confined in jail or otherwise incarcerated pending the appeal; and
(4) The name, mailing address, telephone number, and email address, if any, of: (A) The attorney for the petitioner; or (B) The petitioner, if the petitioner is not represented by an attorney.
(f) Failure to provide the information required by subsection (e) of this Code section shall be an amendable defect, and such defect shall be cured as directed by the reviewing court. (g) The petitioner shall serve a copy of the petition for review on all parties within five days after filing the petition for review in the reviewing court. (h) The petitioner shall serve the lower judicatory with a copy of the filed petition for review within five days after filing the petition for review in the reviewing court. The copy of the petition for review served on the lower judicatory shall contain the case number assigned by the reviewing court. If the lower judicatory has a clerk, the copy of the petition for review shall be deemed served on the lower judicatory by service of a copy of the petition for review on the clerk.

5-3-8. (a) The respondent shall file a response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If a de novo proceeding is required as specified in subsection (b) of Code Section 5-3-5, the response shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the respondent. (b) A cross appeal or counterclaim shall not require a response, unless one is required by order of the court, and shall automatically stand denied. (c) A reply, if any, shall be filed by the petitioner within 30 days after being served with a copy of the respondent's response. If a de novo proceeding is required as provided in subsection (b) of Code Section 5-3-5, the petitioner's reply shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the petitioner. (d) A party may amend a petition for review, response, or reply under this chapter as a matter of course and without leave of the reviewing court at any time before the entry of a pretrial order or before a hearing on the merits is held by the reviewing court, whichever shall first occur. Thereafter, a party may amend a petition for review, response, or reply

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only by leave of the reviewing court or by written consent of each adverse party. Such leave shall be freely given by the reviewing court if justice so requires. (e) A party shall serve a copy of any pleading filed with the reviewing court on all parties to the proceeding.

5-3-9. (a) The reviewing court may issue such orders and writs as may be necessary to aid in its jurisdiction and manage court proceedings under this chapter. (b) The reviewing court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious review of a petition for review. (c) After a petition for review is filed in the reviewing court, the reviewing court shall:
(1) Establish filing deadlines for any necessary documents; and (2) Schedule any necessary proceedings or hearings. (d) If there is more than one party plaintiff or party defendant in the case before the lower judicatory, any one or more of such parties may file a petition for review pursuant to this chapter regardless of whether other parties join in or consent to such petition for review; provided, however, that upon appeal, all parties in the case before the lower judicatory shall be bound by the final decision of the reviewing court; and provided, further, that, if damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and the appealing party's security, if any, and not against a party failing or refusing to appeal. (e) The monetary limitation provided for in paragraph (5) of subsection (a) of Code Section 15-10-2 shall not apply to any decision rendered by the reviewing court under this chapter.

5-3-10. (a) Except as otherwise provided by law, service of process under this chapter shall be made in the following manner:
(1) A party's attorney or agent authorized to receive service shall be served with any document, unless:
(A) Direct service on a party is ordered by the reviewing court; or (B) A specific manner of service is otherwise required by law; (2) Service of any document shall be made in person, by mail, or electronically if consent to electronic service is given as provided in subsection (b) of this Code section; (3) Proof of service shall be shown by: (A) Acknowledgment of the attorney or party served; or (B) A certificate of service from the attorney, party, or other person perfecting service; (4) The certificate of service provided for in this subsection shall: (A) Be attached to the original of the document to be served; (B) Be taken as prima-facie proof of service; and

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(C) Read substantially as follows: 'I do certify that (number of copies) of the attached document(s) have been furnished to (name of party served) by (delivery, mail, or email) on (date delivered, mailed, or emailed)'; (5) Service of any document may be perfected either before or after filing such service with the clerk. If service is made by mail, it shall be deemed perfected on the day it was deposited in the mail. If service is perfected by mail, three days shall be added to any deadline required for a response, to allow for mailing; (6) If the address of any party is unknown and the party is not represented by an attorney of record, service may be perfected on the party by mail directed to the last known address of the party; and (7) Service may be waived or acknowledged either before or after filing. (b) A person may consent to being served with pleadings electronically in a petition for review as provided for in subsection (f) of Code Section 9-11-5.

5-3-11. (a) Any party requesting a filing deadline extension from the reviewing court shall do so before the expiration of the existing filing period in effect, whether prescribed or extended. (b) The reviewing court shall only grant one filing deadline extension not to exceed 30 days for the filing of a petition for review under subsection (b) of Code Section 5-3-7. The reviewing court may grant such filing deadline extensions for other documents as may be necessary to permit a just and expeditious review of a petition for review. (c) The clerk of the reviewing court shall promptly serve all parties and the clerk of the lower judicatory with a copy of:
(1) Any extension granted under this Code section; and (2) The corresponding motion filed to request such extension.

5-3-12. (a) Except for a final decision on the merits, a reviewing court shall not dismiss a petition for review unless the reviewing court finds one or more of the following:
(1) The petition for review was not filed within the time prescribed or extended; (2) The reviewing court lacks jurisdiction; (3) The question presented by the petitioner is moot; (4) The absence of a justiciable controversy; (5) The failure of a petitioner to prosecute; or (6) The failure of a petitioner to comply with the provisions of this chapter or any court rule or order. (b) The reviewing court shall not immediately dismiss a petition for review because of any defect in the petition for review, bond, or affidavit of indigence, or because of the failure of the lower judicatory to transmit any document. (c) The reviewing court shall give the petitioner a reasonable opportunity to amend a petition for review, bond, or affidavit of indigence for the purpose of curing any defect.

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The reviewing court may impose such filing deadlines for amendments under this subsection as may be necessary to permit a just and expeditious review of a petition for review. (d) The reviewing court shall not immediately dismiss a petition for review for failure to perfect service on any party if the party obligated to perfect service shows due diligence in attempting to timely perfect service.

5-3-13. (a) A petitioner shall file a petition for review in the superior or state court where venue and jurisdiction are proper as prescribed by the laws and the Constitution of this state. (b) Upon a finding by a lower judicatory, a reviewing court, the Court of Appeals, or the Supreme Court that venue is improper or jurisdiction is lacking for any petition for review, the clerk of the applicable court shall promptly transfer a petition for review to a court where venue and jurisdiction are proper in accordance with the rules and procedures applicable to the transferring court.

5-3-14. (a) In civil cases and misdemeanor criminal cases, a lower judicatory may require the audio or video recording, reporting, or transcribing of the evidence and proceedings in the lower judicatory on terms prescribed by the lower judicatory. (b) Except as provided in subsection (c) of this Code section, in civil cases where a transcript of the evidence and proceedings in the lower judicatory has not been prepared and a transcript is necessary to conduct a review under this chapter, the petitioner shall prepare a transcript at the petitioner's expense from recollection or otherwise only if the petitioner is financially able to pay the costs of transcribing. (c) In civil cases, a lower judicatory may require the parties to share the cost of reporting or transcribing the evidence and proceedings in the lower judicatory; provided, however, that a lower judicatory shall not require a party to share such costs if that party is financially unable to pay. If the lower judicatory determines that any or all of the parties are financially unable to pay such costs, the lower judicatory, in its discretion, may authorize the trial of the case to go unreported. (d) Any party shall have the right to have any criminal or civil case in a lower judicatory reported or transcribed at the party's own expense. (e) If a proceeding in a lower judicatory is reported, the court reporter shall report and transcribe all:
(1) Motions; (2) Colloquies; (3) Objections; (4) Rulings; (5) Evidence, whether admitted or stricken on objection or otherwise; (6) Copies or summaries of all documentary evidence;

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(7) The charge of the court; and (8) Other proceedings before the court. (f) If a proceeding in a lower judicatory is reported, the lower judicatory shall ensure that all matters listed in subsection (e) of this Code section are included in any transcript or record transferred to the reviewing court. (g) If matters in a lower judicatory are not reported, such as objections to oral argument, misconduct of the jury, or other like instances, and a party requests a transcript of such matters, the lower judicatory shall order a transcript be prepared from recollection or otherwise and included as a part of the record transferred to the reviewing court. (h) A transcript of the proceedings in a lower judicatory shall not be reduced to narrative form unless all parties agree; but if the transcript of the evidence and proceedings is not available and the transcript is prepared from recollection, such a transcript may be prepared in narrative form. (i) If a court reporter transcribes the evidence and proceedings in the lower judicatory, the court reporter shall complete the transcript and file the original and one copy of the transcript with the clerk of the lower judicatory along with the court reporter's certificate attesting to its correctness. Upon filing of the transcript by the court reporter, the transcript shall become part of the record. (j) The clerk of the lower judicatory shall ensure that a true copy of the transcript of the evidence and proceedings in the lower judicatory is included in the record transmitted to the reviewing court under this chapter. (k) If the parties cannot agree regarding whether the transcript or record truly or fully discloses what transpired in the proceedings in the lower judicatory, the lower judicatory shall schedule a hearing with notice to all parties to resolve the dispute and conform the record to the truth. (l) A transcript of evidence and proceedings that is prepared from recollection with an attached statement that all parties agree to its contents shall carry the same authority as a transcript prepared by a court reporter; but if the parties cannot agree regarding the correctness of a transcript prepared from recollection, the lower judicatory shall decide whether it is correct. If the lower judicatory is unable to recall what transpired in the case under review, the lower judicatory shall issue a decision stating that fact. The lower judicatory's decision under this subsection is final and not subject to review. (m) If anything material to any party is omitted from or misstated in the record under review, the parties may stipulate, or the lower judicatory may direct, that the omission or misstatement be corrected before or after the record is transmitted to the reviewing court. The clerk of the lower judicatory shall promptly transmit to the reviewing court any correction of the record made after the record is transmitted to the reviewing court. (n) The lower judicatory may transmit a supplemental record to the reviewing court. (o) The lower judicatory or the reviewing court may order the clerk of the lower judicatory to send up any original documents, exhibits, or other items in the case under review. The

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reviewing court shall return such original documents, exhibits, or other items to the lower judicatory after the final disposition of the case under review. (p) If a lower judicatory does not allow a party to file a document for inclusion in the record for a petition for review, such party may file the document in the reviewing court with an attached notation of the lower judicatory's disallowance. In such case, the document shall become part of the record under review. (q) If all parties agree, in lieu of a transcript of the evidence and proceedings in the lower judicatory, they may file in the lower judicatory a stipulation of the case showing how the question under review arose and was decided along with a statement of facts. In such cases, the parties shall provide sufficient information in the stipulation and statement of facts to enable the reviewing court to conduct a review. Such stipulation and statement of facts must be approved by the lower judicatory prior to transmission to the reviewing court as part of the record.

5-3-15. (a) Upon being served with a copy of the petition for review and unless otherwise ordered by the reviewing court, the clerk of the lower judicatory shall retain the original of the corresponding record and transmit a true copy of the record to the reviewing court within 30 days, or within fewer days if otherwise required by law, after the copy of the petition for review is served on the clerk of the lower judicatory. (b) If known or reasonably believed to be the case, the clerk in the lower judicatory shall notify the reviewing court if a petitioner in a criminal case is confined in jail or otherwise incarcerated at the time the record is transmitted from the lower judicatory. Such notice shall accompany the record transmitted from the lower judicatory. (c) If no record is available for transmission to the reviewing court, the clerk of the lower judicatory shall notify the lower judicatory accordingly so that further action may be taken pursuant to this chapter. (d) If the clerk of the lower judicatory does not transmit the record to the reviewing court within 30 days after being served with a copy of the petition for review, the petitioner shall notify the reviewing court, which then shall order the clerk of the lower judicatory to promptly transmit the record or state the reason for the delay.

5-3-16. (a) The payment of all costs accrued in a lower judicatory shall not be required in order to file a petition for review under this chapter. (b) Except to the extent prohibited by law, no petition for review shall be heard in a reviewing court unless the petitioner:
(1) Pays all unpaid costs owed to the lower judicatory within 30 days after receiving notice of such costs; or (2) Files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence.

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(c) No appeal shall be dismissed by a reviewing court because of nonpayment of the costs owed to a lower judicatory unless the petitioner has been ordered by the reviewing court to pay such costs and has failed to comply with such order. (d) An executor, administrator of an estate, or other trustee, when defending an action in such capacity or when solely defending an estate's title, may file a petition for review without paying costs as required by this Code section and without giving a bond and security as provided in Code Section 5-3-17; provided, however, that, if a judgment is obtained against an executor, administrator of an estate, or other trustee and not the assets of the estate, then the executor, administrator of an estate, or other trustee shall pay such costs as required by this Code section and give security if required under Code Section 5-3-17. (e) Unless the petitioner in a civil case files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence, the petitioner in a civil case shall obtain and file with the reviewing court a certificate of payment of costs from the lower judicatory certifying that the petitioner has paid all costs owed to the lower judicatory. Such certificate shall be:
(1) Filed in the reviewing court within five days after issuance by the lower judicatory; and (2) Signed by a judge, clerk, official, member, or other designated representative of the lower judicatory.

5-3-17. (a) Except to the extent prohibited by law, the filing of a petition for review under this chapter shall act as supersedeas and shall suspend but not vacate a final judgment of a lower judicatory. (b) Except as provided in subsection (c) of this Code section, a supersedeas bond need not be given by a petitioner under this chapter.
(c)(1) Except as provided in subsection (d) of Code Section 5-3-16 or otherwise prohibited by law, the reviewing court may require that a supersedeas bond be given with good security while a petition for review is under review. (2) In criminal cases where a bond is required pursuant to paragraph (1) of this subsection, the lower judicatory shall order that the petitioner be released from custody upon the giving of a bond by the petitioner. (d) If a petitioner fails to give a bond when a bond is required, the supersedeas provided for in subsection (a) of this Code section shall cease unless the petitioner files with the reviewing court an affidavit stating that because of indigence the petitioner is unable to give a bond. (e) A bond set pursuant to this chapter shall not exceed the total amount of damages, fines, fees, penalties, and surcharges imposed by the lower judicatory in the case under review. (f) Bonds given pursuant to this chapter are subject to the following requirements:

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(1) If a person has been convicted of any criminal or quasi-criminal offense or a violation of any ordinance, bond shall be payable to the state unless such conviction is in a municipal court, in which case it shall be payable to the municipality under which such court exists. This paragraph shall not apply to constitutional city courts or state courts; (2) In civil cases, the petitioner shall make a bond payable to the respondent; (3) The petitioner must agree under oath to personally appear and abide by the final judgment, decision, order, or sentence in the case; (4) If a secured bond is required, the person providing security shall swear under oath that he or she can fulfill the bond obligation; and (5) The giving of a bond shall be consistent with the Constitution of the United States and the laws and the Constitution of this state, including, but not limited to, Code Section 17-6-1. (g) A bond may be forfeited in the same manner as any other bond in any court having jurisdiction, except that a bond payable to a municipality may be forfeited as prescribed in a municipal ordinance of such municipality. (h) A supersedeas provided for in this Code section shall suspend the final judgment of the lower judicatory until the petition for review is decided or dismissed by the reviewing court or by an appellate court upon appeal, provided that the petitioner applies for and procures the necessary writs for reviewing the decision complained of within the time prescribed. (i) If a petition for review is filed by a petitioner's attorney, the petitioner's attorney shall be authorized to sign the name of the petitioner to the supersedeas bond. In such cases, the petitioner shall be bound by the supersedeas bond as though the petitioner had personally signed it. (j) An action may be brought on the bond given under this chapter in any court having jurisdiction. (k) A valid bond may replace or be amended to replace a void bond or no bond at all at any time under this Code section. (l) A petitioner's surety, if any, shall be bound by the judgment in a petition for review. A surety compelled to pay off a debt or damages for which judgment is entered under this chapter shall only have recourse against the surety's principal. (m) When several partners or joint contractors bring or defend a claim, any one of the partners or joint contractors may file a petition for review in the name of the firm or joint contractors and sign the name of the firm or joint contractors to a bond if a bond is required by the reviewing court. Such petition for review and bond shall be binding on the firm and the joint contractors as though they had signed it themselves.

5-3-18. (a)(1) After a petition for review is reviewed under this chapter, the reviewing court shall render a final decision: (A) Entering a judgment upon the petition for review; (B) Ordering dismissal of the petition for review;

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(C) Remanding a petition for review back to the lower judicatory with instructions; or (D) A combination thereof. (2) If the final decision rendered pursuant to this Code section is a judgment upon the petition for review, it shall be in writing and specify whether the reviewing court is affirming, reversing, or vacating the final judgment of the lower judicatory. (3) If the final decision rendered pursuant to this Code section remands the petition for review back to the lower judicatory, it shall provide instructions to the lower judicatory for further proceedings. (b) The clerk of the reviewing court shall serve a copy of the reviewing court's final decision regarding a petition for review on the clerk of the lower judicatory and on all parties named in the petition for review within five days after the date such decision was rendered. The clerk of the lower judicatory shall promptly notify each judge, official, or member of the lower judicatory who rendered the final judgment appealed of any final decision served on the clerk of the lower judicatory. If the lower judicatory does not have a clerk, then the clerk of the reviewing court shall serve a copy of the reviewing court's final decision on each judge, official, or member of the lower judicatory who rendered the final judgment appealed. (c) A final decision by the reviewing court under this chapter may be appealed to the appropriate appellate court as prescribed by law.

5-3-19. (a) If a petition for review is dismissed or withdrawn pursuant to this chapter, the rights of all parties shall be the same as if no appeal had been filed. Notwithstanding any other provision of law, the dismissal or withdrawal of a petition for review under this chapter shall:
(1) Dismiss the petition for review; (2) Not dismiss the petitioner's underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and (3) Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed. (b) This Code section shall apply to all cases appealed under this chapter regardless of the standard of review applied under Code Section 5-3-5.

5-3-20. Reasonable and necessary attorney's fees and expenses of litigation may be assessed for frivolous actions or defenses in a petition for review as provided in Code Section 9-15-14.

5-3-21. (a) If a petition for review is sustained and a final decision regarding the case is made by the reviewing court, the petitioner may have judgment entered for the sum recovered by the

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petitioner in the lower judicatory, the costs paid to obtain the petition for review, and the costs in the reviewing court. (b) If a petition for review is returned to the lower judicatory for a new hearing, the petitioner shall have judgment entered for the costs in the reviewing court only, leaving the costs paid to obtain the petition for review to be awarded upon the final judgment of the lower judicatory after the new hearing. (c) If a petition for review is dismissed and a final decision regarding the case is made by the reviewing court, the respondent in a petition for review may have judgment entered in the reviewing court against the petitioner and the petitioner's security for the sum recovered by the respondent, together with the costs in the reviewing court. (d) If a petition for review is returned to the lower judicatory and the lower judicatory decides the case in favor of the respondent, then the security on the petition for review bond shall be included in the lower judicatory's final judgment."

SECTION 1-2. Said title is further amended by repealing in its entirety Chapter 4, relating to certiorari to superior court, and designating said chapter as reserved.

PART II. SECTION 2-1.

Code Section 3-2-35 of the Official Code of Georgia Annotated, relating to seizure of contraband by commissioner and agents regarding alcoholic beverages, proceedings upon seizure, hearing on entitlement to seized items, appeals, and disposition of items upon which taxes have been paid, is amended by revising subsection (e) as follows:
"(e) An appeal from the commissioner's order may be taken to the Superior Court of Fulton County by filing with the commissioner, within 15 days from the date of the decision, a copy of the petition for review filed in the Superior Court of Fulton County. The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided otherwise in this Code section. The appeal shall be based upon the record made before the commissioner. The commissioner shall transmit the record and appropriate documents to the superior court within 30 days after the date the petition for review is received. The superior court shall review the record for errors of law, violation of constitutional or statutory provisions, violation of the statutory authority of the agency, lawfulness of the procedure, lack of any evidence to support the decision, and arbitrariness and abuse of discretion. However, the court shall not substitute its judgment for that of the hearing officer as to the weight of evidence on questions of fact."

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SECTION 2-2. Code Section 4-8-23 of the Official Code of Georgia Annotated, relating to investigations by dog control officer, notice to owner, hearings, determinations by hearing authority, and judicial review, is amended by revising subsection (f) as follows:
"(f) Judicial review of the authority's final decision may be had in accordance with Code Section 15-9-30.9. Judicial review of a probate court's final decision shall be in accordance with Code Section 5-3-4 and costs shall be paid as provided in Code Section 5-3-16."

SECTION 2-3. Code Section 10-1-787 of the Official Code of Georgia Annotated, relating to finality of arbitrator's decision under the 'Georgia Lemon Law,' appeals by manufacturers, and time for compliance with arbitrator's decision, is amended by revising subsection (a) as follows:
"(a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence."

SECTION 2-4. Code Section 10-14-22 of the Official Code of Georgia Annotated, relating to judicial appeal of order of Secretary of State regarding cemetery and funeral services, is amended by revising subsections (a) and (b) as follows:
"(a)(1) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
(A) The order from which the appeal is taken; (B) The ground upon which a reversal or modification of such order is sought; and (C) A demand for a certified transcript of the record of such order. (2) The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section. (b) Upon receipt of such petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the clerk of the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the petitioner shall pay the reasonable costs of such transcript. Said petition for review and transcript of the record shall constitute petitioner's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures."

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SECTION 2-5. Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to police and legislative powers of the Stone Mountain Memorial Association, appointment of peace officers, jurisdiction and venue of park offenses, and sale of confederate memorabilia, is amended by revising subsection (c) as follows:
"(c) For purposes of this Code section, the Magistrate Court of DeKalb County shall have jurisdiction and authority to hear and try those offenses occurring within the limits of Stone Mountain Park which violate the ordinances of the association and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of DeKalb County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of DeKalb County for jury trial by any defendant charged with one or more violations of the ordinances of the association. The Superior Court of DeKalb County shall have jurisdiction to review all convictions by petition for review to the superior court. The proceedings on such petitions for review shall be governed by Chapter 3 of Title 5. The jurisdiction and authority of the courts of DeKalb County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided."

SECTION 2-6. Code Section 12-3-236.1 of the Official Code of Georgia Annotated, relating to adoption and enforcement of ordinances and resolutions of the Jekyll Island State Park Authority, is amended by revising subsection (b) as follows:
"(b) For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by petition for review to the superior court. The proceedings on such petitions for review shall be governed by Chapter 3 of Title 5. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided."

SECTION 2-7.
Code Section 15-6-9 of the Official Code of Georgia Annotated, relating to authority of superior court judges generally, is amended by revising paragraph (1) as follows:
"(1) To grant for their respective circuits writs of supersedeas, quo warranto, mandamus, habeas corpus, and bail in actions ex delicto;"

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SECTION 2-8. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions regarding probate court jury trials and appeals, is amended by revising paragraph (1) as follows:
"(1) 'Civil case' means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-4 and 5-3-5."

SECTION 2-9. Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to no jury trials in magistrate courts and appeal from magistrate courts, is amended by revising subsection (b) as follows:
"(b)(1) Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of Chapter 3 of Title 5 shall also apply to appeals to state court. (2) No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by petition for review to the state court of that county or to the superior court of that county."

SECTION 2-10. Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, is amended by revising Code Section 15-10-65, relating to certiorari to superior court from magistrate court, as follows:
"15-10-65. Review of convictions shall be by petition for review to the superior court."

SECTION 2-11. Code Section 15-14-7 of the Official Code of Georgia Annotated, relating to destruction of court reporter notes, how authorized, petition, grounds, notice, and order, is amended by revising subsection (c) as follows:

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"(c) The petition shall certify one of the following: (1) That the action is a civil action in which no petition for review has been filed, that the court reporter has not been requested or ordered to transcribe the evidence and other proceedings, and that a period of not less than 37 months has elapsed since the last date upon which a petition for review in the action could have been filed; or (2) That the action is one in which the court reporter has been requested or ordered pursuant to law to transcribe the evidence and other proceedings, that the record has been transcribed, and that a period of not less than 12 months has elapsed from the date upon which the remittitur from the appeal has been docketed in the trial court."

SECTION 2-12. Code Section 15-21A-6 of the Official Code of Georgia Annotated, relating to additional filing fees, application fee for indigent defense services, and remittance of funds, is amended by revising subsection (a) as follows:
"(a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, petitions for review, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not."

SECTION 2-13. Code Section 15-21A-6.1 of the Official Code of Georgia Annotated, relating to judicial operations fund fee and collection and reporting procedure, is amended by revising subsection (a) as follows:
"(a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, petitions for review, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not; provided, however, that the judicial operations fund fee shall not apply to the issuance of certificates of appointment and reappointment of notaries public."

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SECTION 2-14. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to when offenses bailable, procedure, schedule of bails, and appeal bonds, is amended by revising subsection (g) as follows:
"(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition for review or petition or application for writ of certiorari unless the court in which the petition for review or petition or application is filed so specifies."

SECTION 2-15. Part 2 of Article 2 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to acquisition of right to flood roads and highways under eminent domain, is amended by revising Code Section 22-3-44, relating to appeal to superior court, as follows:
"22-3-44. Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing a petition for review with the superior court. The trial on such an appeal shall be de novo. The proceedings on the petition for review shall be governed by Chapter 3 of Title 5."

SECTION 2-16. Code Section 31-6-44.1 of the Official Code of Georgia Annotated, relating to judicial review regarding the certificate of need program under state health planning and development, is amended by revising subsection (b) as follows:
"(b) In the event a party seeks judicial review, the proceedings for such review shall be governed by Chapter 3 of Title 5 except as provided otherwise in this Code section. If a party seeks judicial review, the department shall, within 30 days after being served with a copy of the petition for review filed in the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an

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assignment of the case for hearing by the court; provided, however, that, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days of the date of the hearing."

SECTION 2-17. Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding acquisition of property for transportation purposes, is amended in Code Section 32-3-11, relating to power of judge to set aside, vacate, and annul declaration of taking, issuance and service on condemnor of rule nisi, and hearing, by revising subsection (c) as follows:
"(c) If the condemnee desires to raise such questions as are outlined in subsection (b) of this Code section, the same shall be done by proper pleadings, in the form of a petition for review addressed to the judge of the superior court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking. The presiding judge shall thereupon cause a rule nisi to be issued and served upon the condemnor, requiring him or her to show cause at a time and place designated by the judge why the title acquired by the declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of the rule nisi upon the condemnor, nor later than 60 days from the date of filing of the declaration of taking, and with the right of appeal by either party, as in other cases. A petition for review filed pursuant to this subsection shall be governed by the provisions of Chapter 3 of Title 5, except to the extent any such provision is in conflict with any provision of this article."

SECTION 2-18. Said article is further amended by revising Code Section 32-3-14, relating to filing a notice of appeal, as follows:
"32-3-14. If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section 32-3-7, such person or

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persons, or any of them, shall have the right, at any time subsequent to the filing of the declaration and the deposit of the fund into court, but not later than 30 days following the date of the service as provided for in Code Sections 32-3-8 and 32-3-9, to file with the court a petition for review, the same to be in writing and made a part of the record in the proceedings."

SECTION 2-19. Said article is further amended in Code Section 32-3-16, relating to appeal to jury, evidence to be heard on appeal, and subsequent review of issues not brought before jury, by revising subsections (a) and (c) as follows:
"(a) After the petition for review has been filed as provided in Code Section 32-3-14, it shall be the duty of the court at the next term thereof, which shall convene not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, to cause an issue to be made and tried by a jury as to the value of the property or interest taken and the consequential damages to property or interests not taken, with the same right to move for a new trial and file a petition for review as in other cases at law, provided that an interlocutory award has not become final pursuant to Code Section 32-3-15." "(c) If, for any reason, the issues made by the filing of the petition for review provided for in this Code section are not tried by a jury as to the value of the property or interest taken and the consequential damages to the property or interests not taken, at the next term of the court after the filing of such appeal, such fact shall not be cause for dismissal of the appeal and the issues made by such appeal shall be subject to trial at any future term of the court."

SECTION 2-20. Said article is further amended by revising Code Section 32-3-17.1, relating to decisions upon questions of law, power of judge to give necessary orders and directions, and jury trial in open court only, as follows:
"32-3-17.1. All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of a petition for review, if any, shall be passed on by the presiding judge who may, from time to time, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court."

SECTION 2-21. Code Section 33-2-27 of the Official Code of Georgia Annotated, relating to pleading and procedure of judicial review and powers of a reviewing court generally, is amended by revising subsections (a) and (c) as follows:

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"(a) The form of proceeding for judicial review shall be by a petition for review in the Superior Court of Fulton County, a copy of which shall be served upon the Commissioner immediately. The proceedings on the petition for review shall be governed by the
provisions of Chapter 3 of Title 5, except to the extent any such provision is in conflict with any provision of this title." "(c) The petition for review or other pleading in which judicial review shall be sought shall plainly specify the action complained of and shall set forth the relief sought and, without excessive detail, the facts and circumstances supporting the petitioner's right to such relief."

SECTION 2-22. Code Section 33-6-8 of the Official Code of Georgia Annotated, relating to issuance of cease and desist orders, issuance of orders providing for other relief, change in orders, and date on which orders appealable, is amended by revising subsection (b) as follows:
"(b) The Commissioner may, at any time before the serving of a copy of the petition for review filed in the Superior Court of Fulton County upon him or her, as provided for in Code Section 33-6-11, or after the expiration of the time allowed by law for the serving of the petition for review, if no petition for review has been thus served, amend or set aside in whole or in part any order issued by the Commissioner under this Code section whenever in the Commissioner's opinion the facts and circumstances surrounding the case have so changed as to require the action or if the public interest shall so require. No change of an order in a manner unfavorable to the person charged or to the parties at interest shall be made except after notice and opportunity for hearing. The date of the Commissioner's last order shall be the point of time from which it may be reviewed by appeal."

SECTION 2-23. Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to when workers' compensation award deemed final, appeal to superior court, grounds for setting aside decisions, and appeal to Court of Appeals, is amended by revising subsection (b) as follows:
"(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in Chapter 3 of Title 5, except to the extent any such provision is in conflict with any provision of this Code section. A copy of the petition for review shall be served on the clerk for the board. In the event of an appeal, the board shall, within 30 days of such service, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior

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court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, that, if the court does not hear the case within 60 days of the date of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days of the date of the hearing."

SECTION 2-24. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in county court cases, amount, determination of need as prerequisite to collection, and collection in certain criminal cases, is amended by revising subsection (a) as follows:
"(a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, petitions for review, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fine and bond

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forfeiture fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made."

SECTION 2-25. Code Section 36-32-2.1 of the Official Code of Georgia Annotated, relating to removal of municipal judges, is amended by revising subsection (e) as follows:
"(e) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right to appeal a decision to remove a judge from office shall exist. The decision to remove a judge from office pursuant to this Code section shall be appealed by filing a petition for review in the superior court of the circuit in which the governing authority of the municipal corporation is situated. Such appeals shall be governed by Chapter 3 of Title 5."

SECTION 2-26. Article 3 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to county and municipal enforcement boards created prior to January 1, 2003, is amended by revising Code Section 36-74-48, relating to appeals to superior court, as follows:
"36-74-48. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a petition for review governed by Chapter 3 of Title 5 and shall be heard on the record. A petition for review shall be filed within 30 days of the execution of the order to be appealed."

SECTION 2-27. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, is amended by revising Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner, payment of costs of appeal, right to subsequent appeal, and right to legal counsel on appeal, as follows:
"37-3-150. The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from

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the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section 5-3-4."

SECTION 2-28. Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of the developmentally disabled generally, is amended by revising Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys, payment of costs of appeal, right of client to subsequent appeal and to legal counsel on appeal, as follows:
"37-4-110. The client, the client's representatives, or the client's attorney may appeal any order of the probate court or administrative law judge rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the

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Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section 5-3-4."

SECTION 2-29. Chapter 7 of Title 37 of the Official Code of Georgia Annotated, relating to hospitalization and treatment of alcoholics, drug dependent individuals, and drug abusers, is amended by revising Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner, payment of costs of appeal, right of patient to subsequent appeal, and right of patient to legal counsel on appeal, as follows:
"37-7-150. The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section 5-3-4."

SECTION 2-30. Code Section 38-3-64 of the Official Code of Georgia Annotated, relating to appeal rights of adversely affected parties relative to judicial emergencies and cost of appeal borne by state, is amended by revising subsection (b) as follows:
"(b) A petition for review shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A petition for review shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:
(1) The authorized judicial official who issued the order;

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(2) The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal; (3) The district attorney of the county in which the petition for review is filed; and (4) All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the county in which the petition for review is filed."

SECTION 2-31. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals regarding prosecution of traffic offenses, is amended by revising Code Section 40-13-28, relating to appeal to superior court and bond, as follows:
"40-13-28. Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of subsections (b) and (c) of Code Section 5-3-5 and subsection (e) of Code Section 5-3-9 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below."

SECTION 2-32. Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, is amended by revising subsection (d) as follows:
"(d) Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be a de novo proceeding in the superior court under Code Sections 5-3-4 and 5-3-5."

SECTION 2-33. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Charitable Solicitations Act of 1988," is amended in Code Section 43-17-4, relating to bonding requirements for registered paid solicitors and deposits in lieu of bond, by revising subsections (c) and (d) as follows:
"(c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicant's registration has expired or been revoked; provided, however, that such deposits shall not

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be released at any time while there is pending against the applicant an action (including any direct appeal of such action, an appeal based on a petition for certiorari jurisdiction, or a petition for review), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be released except upon application to and the written order of the Secretary of State. The Secretary of State shall have no liability for any such release of any deposit or part thereof made by him or her in good faith. The Secretary of State may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment creditor or other claimant of the applicant shall levy upon any deposit held pursuant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his or her recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided in subsection (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action. (d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, that such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action, an appeal based on a petition for certiorari jurisdiction, or a petition for review), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County

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for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicant's registration, the Secretary of State shall pay such residue to the applicant, taking receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action, an appeal based on a petition for certiorari jurisdiction, or a petition for review), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or disposing of the entire deposit. If more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgments, in the order in which the judgment creditors petitioned the Superior Court of Fulton County."

SECTION 2-34. Said chapter is further amended by revising Code Section 43-17-17, relating to appeals, as follows:
"43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
(1) The order from which the appeal is taken; (2) The ground upon which a reversal or modification of the order is sought; and (3) A demand for a certified transcript of the record of the order. (b) Upon receipt of the petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The petition for review and transcript of the record shall constitute appellant's complaint. The complaint shall thereupon be entered on the trial calendar of the court. (c) If the order of the Secretary of State shall be reversed, the reviewing court shall by its mandate specifically direct the Secretary of State as to any further action to be taken by the Secretary of State in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained."

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SECTION 2-35. Article 3 of Chapter 7 or Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant dispossessory proceedings, is amended by revising Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal, as follows:
"44-7-56. (a) Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5. (b) An appeal made pursuant to subsection (a) of this Code section shall proceed as follows:
(1) A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court; (2) The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case; (3) If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises; and (4) The tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."

SECTION 2-36. Code Section 44-7-115 of the Official Code of Georgia Annotated, relating to foreclosure of liens on abandoned or intact mobile homes, is amended by revising paragraph (8) as follows:
"(8) Any order issued by the magistrate court shall be appealable pursuant to Chapter 3 of Title 5, provided that any such appeal shall be filed within seven days after the date such order was entered and provided, further, that, after the petition for review is filed with the clerk of the reviewing superior or state court, the clerk of such court shall immediately notify the magistrate court of the petition for review. If the order of the magistrate court is against the responsible party and the responsible party appeals such order, the responsible party shall be required to pay into the registry of the reviewing superior or state court all sums found by the magistrate court to be due in order to remain in possession of the mobile home. The responsible party shall also be required to pay all future rent into the registry of the reviewing superior or state court as it becomes due in such amounts specified in paragraph (2) of this Code section until the issue has been finally determined on appeal."

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SECTION 2-37. Code Section 47-14-51 of the Official Code of Georgia Annotated, relating to payments to the Superior Court Clerks' Retirement Fund of Georgia from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, use of sums remitted, and failure of clerk to remit, is amended by revising subsections (a) and (e) as follows:
"(a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, petitions for review, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts." "(e) The sum of $1.00 shall be paid out of the fees charged and collected pursuant to Title 15 in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk and shall be remitted to the board as provided in subsection (c) of this Code section. Such fees shall include, without limiting the generality of the foregoing, all adoptions, charters, petitions for review, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts."

SECTION 2-38. Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, duty to record and remit sums collected, and penalties on delinquent amounts, is amended by revising subsections (a) and (b) as follows:
"(a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, petitions for review, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. (b) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, petitions for review, applications by personal

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representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the state courts and magistrate courts of this state in which the sheriff of the superior court also fulfills the function as sheriff of such inferior court. The clerks of such state courts and magistrate courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of such state courts and magistrate courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter."

SECTION 2-39. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, is amended by revising paragraphs (2), (3), and (4) of subsection (g) as follows:
"(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by emailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written petition for review. An appeal by the county board of tax assessors shall be effected by giving a petition for review to the taxpayer. The petition for review given to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The petition for review shall specifically state the grounds for appeal. The petition for review shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's petition for review and before the petition for review is filed in superior court, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee for a petition for review, if any, required by the clerk of the superior court. A taxpayer may appear for the settlement conference in person, by his or her authorized agent or representative, or both. The county board of tax assessors, in their discretion and with the consent of the taxpayer, may alternatively conduct the settlement conference by audio or video teleconference or any other remote communication medium. The taxpayer may exercise a one-time option to reschedule the settlement conference to a different date and time acceptable to the taxpayer during normal business hours. After a settlement conference has convened, the parties may agree to continue the settlement conference to a later date. If at the end of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated

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value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the petition for review is reviewed in superior court. If at the conclusion of the settlement conference the parties reach an agreement, the settlement value shall be entered in the records of the county board of tax assessors as the fair market value for the tax year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement conference the parties cannot reach an agreement, then written notice shall be provided to the taxpayer that the filing fees for the superior court must be paid by the taxpayer by submitting to the county board of tax assessors a check, money order, or any other instrument payable to the clerk of the superior court within 20 days of the date of the conference. Notwithstanding any other provision of law to the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. An appeal under this subsection shall not be subject to any other fees or additional costs otherwise required under any provision of Title 15 or under any other provision of law. Within 30 days of receipt of the taxpayer's payment made out to the clerk of the superior court, or, in the case of a petition for review filed by the county board of tax assessors, within 30 days of giving notice of the petition for review to the taxpayer, the county board of tax assessors shall file with the clerk of the superior court the petition for review and any other papers specified by the person appealing, including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. Immediately following payment of such $25.00 filing fee to the clerk of the superior court, the clerk shall remit the proceeds thereof to the governing authority of the county which shall deposit the proceeds into the general fund of the county. All papers and information filed with the clerk shall become a part of the record on appeal to the superior court. At the time of the filing of the petition for review, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the petition for review filed in the superior court and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court shall find that the value asserted by the board of tax assessors is incorrect and authorize the determination of the final value of the property.
(4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court. If only questions of law are presented in the appeal, the appeal shall be

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heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court unless continued by the court for a period not to exceed 90 days.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county.
(ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the taxpayer appeals to the superior court pursuant to this subsection and the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (IV) If the board of assessors appeals to the superior court pursuant to this subsection and the final determination of value on appeal is 85 percent or less of the valuation set by the board of assessors as to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section."

PART III. SECTION 3-1.

This Act shall become effective on July 1, 2023, and shall apply to petitions for review filed in superior or state court on or after such date.

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

Approved May 13, 2022.

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TORTS AUTHORIZES APPORTIONMENT OF DAMAGES IN SINGLE-DEFENDANT LAWSUITS; PROVIDES FOR EVIDENCE OF FAULT OF NONPARTIES.

No. 876 (House Bill No. 961).

AN ACT

To amend Code Section 51-12-33 of the Official Code of Georgia Annotated, relating to reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties, so as to authorize apportionment of damages in single-defendant lawsuits; to provide for evidence of fault of nonparties; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 51-12-33, relating to reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties, is amended by revising subsection (b) as follows:
"(b) Where an action is brought against one or more persons for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the person or persons who are liable according to the percentage of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution."

SECTION 2. This Act shall apply to all cases filed after the effective date of this Act.

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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 13, 2022.

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CRIMES AND OFFENSES CONTROLLED SUBSTANCES; REVISES SCHEDULES.

No. 877 (House Bill No. 963).

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances and Schedule IV controlled substances; to change certain provisions relating to the definition of dangerous drugs; to provide 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 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 subparagraph (K) and by adding a new subparagraph to read as follows:
"(K) Brorphine;" "(UU) Tianeptine;"

SECTION 2.
Said chapter is further amended in paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraphs (KK) and (LL) as follows:
"(KK) Para-methoxymethamphetamine (PMMA); (LL) 4,4'-dimethylaminorex;"

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

SECTION 4. 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 an alkyl, alkoxy, or cyclic substitution;"

SECTION 5. Said chapter is further amended in paragraph (13) of Code Section 16-13-25, relating to Schedule I controlled substances, by adding a new division to subparagraph (E) to read as follows:
"(v) Amine;"

SECTION 6.
Said chapter is further amended in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, by adding new paragraphs to read as follows:
"(14.5) Fluclotizolam;" "(30.17) Serdexmethylphenidate;"

SECTION 7.
Said chapter is further amended in subsection (b) of Code Section 16-13-71, relating to the
definition of dangerous drug, by adding new paragraphs to read as follows: "(17.03) Aducanumab-avwa;" "(21.3) Allogeneic cultured keratinocytes and dermal fibroblasts in murine collagen-dsat;" "(21.5) Allogeneic processed thymus tissue-agdc;" "(44.1) Amivantamab-vmjw;" "(52.7) Anifrolumab-fnia;" "(65.8) Asciminib;" "(67.3) Asparaginase erwinia chrysanthemi (recombinant)-rywn;" "(68.135) Atogepant;" "(69.03) Avacopan;" "(69.05) Avalglucosidase alfa-ngpt;" "(69.07) Avanafil;" "(81.2) Belumosudil;" "(81.4) Belzutifan;" "(122.6) Cabotegravir;" "(146.3) Casimersen;"

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"(217.2) COVID-19 Vaccine, mRNA;" "(240.95) Dasiglucagon;" "(317.45) Dostarlimab-gxly;" "(331.035) Efgartigimod alfa-fcab;" "(350.5) Estetrol;" "(380.35) Evinacumab-dgnb;" "(383.47) Fexinidazole;" "(386.63) Finasteride;" "(386.65) Finerenone;" "(406.45) Fosdenopterin;" "(438.5) Hepatitis vaccine;" "(463.3) Ibrexafungerp;" "(464.17) Idecabtagene vicleucel;" "(472.4) Infigratinib;" "(525.7) Lisocabtagene maraleucel;" "(529.07) Lonapegsomatropin-tcgd;" "(529.08) Loncastuximab tesirine-lpyl;" "(540.2) Maralixibat;" "(540.45) Maribavir;" "(622.6) Mobocertinib;" "(661.57) Odevixibat;" "(681.33) Pafolacianine;" "(692.505) Pegcetacoplan;" "(731.05) Piflufolastat F 18;" "(732.1) Pimecrolimus;" "(732.2) Pimozide;" "(742.03) Plasminogen, human-tvmh;" "(752.15) Ponesimod;" "(845.25) Ropeginterferon alfa-2b-njft;" "(851.035) Samidorphan;" "(883.6) Sotorasib;" "(931.82) Tepotinib;" "(943.4) Tezepelumab-ekko;" "(965.3) Tick-borne encephalitis vaccine;" "(967.63) Tisotumab vedotin-tftv;" "(967.67) Tivozanib;" "(990.05) Trilaciclib;" "(1018.7) Umbralisib;" "(1028.5) Vericiguat;" "(1030.6) Viloxazine;" "(1037.2) Voclosporin;"

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"(1037.83) Vosoritide;"

SECTION 8.
Said chapter is further amended in Code Section 16-13-71, relating to the definition of
dangerous drug, by revising paragraphs (19.3), (72.4), (276), (386.3), (731.1), and (732.9)
and repealing paragraph (69.1) of subsection (b) as follows: "(19.3) Alcaftadine See exceptions;" "(72.4) Azelastine See exceptions;" "(276) Difelikefalin;" "(386.3) Reserved;" "(731.1) Reserved;" "(732.9) Reserved;"

SECTION 9.
Said chapter is further amended in subsection (c) of Code Section 16-13-71, relating to
definition of dangerous drug, by adding new paragraphs to read as follows: "(0.7) Alcaftadine when used in a concentration of 0.25 percent or less in an ophthalmic solution;" "(1.5) Azelastine hydrochloride when used in a concentration of 0.15 percent or less in a nasal spray or nasal solution;"

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2022.

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807

LOCAL GOVERNMENT PROVIDES FOR CREATION OF REGIONAL INDUSTRIAL DEVELOPMENT AUTHORITIES; TAX CREDIT.

No. 878 (House Bill No. 1044).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of regional industrial development authorities; to provide an enhancement for the quality jobs tax credit for such authorities; to provide for a definition of cable service and video service in the "Consumer Choice for Television Act"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows:
"36-62-5.2. (a) As used in this Code section, the term 'participating counties' means all counties party to a proper joint resolution as set forth in subsection (b) of this Code section. (b) By proper joint resolution of the local governing bodies, an authority, to be known as a regional industrial development authority, may be created and activated by any group of three to five contiguous counties, provided that at least one-half of the members of the governing body from each county have completed a basic economic development training course certified by the Department of Community Affairs as meeting certain minimum educational standards, which such department shall prescribe by rule and regulation. (c) A regional industrial development authority so created shall be governed by this chapter in the same manner as other authorities created pursuant to this chapter, except as specifically provided otherwise in this Code section. (d) A joint resolution creating and activating a regional industrial development authority shall specify the total number of members of the governing body of the authority, the number of such members to be appointed by each participating county, their respective terms of office, and their residency requirements. (e) A joint resolution creating and activating a regional industrial development authority may be amended from time to time by appropriate concurrent joint resolutions of the regional industrial development authority and all of the participating counties. (f) Each regional industrial development authority created pursuant to this Code section shall:

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(1) Be an active, bona fide authority; (2) Have a board of directors; (3) Meet at least quarterly; (4) Develop an operational business plan; (5) Own property lying within one or more of the participating counties with all of the participating counties; and (6) Maintain among itself and the participating counties an active intergovernmental agreement that provides for sharing:
(A) The operating expenses for all real property described in paragraph (5) of this subsection; and (B) The proceeds generated from ad valorem taxes assessed and collected on all such real property, excluding the proceeds that are pledged to secure bonded indebtedness or dedicated by law to specific purposes inconsistent with such sharing. (g) A county shall not belong to more than one regional industrial development authority. (h) A taxpayer whose qualified investment property, as such terms are defined in Code Section 48-7-40.17, is located on property as described in paragraph (5) of subsection (f) of this Code section shall be eligible for a tax credit for each new quality job at such location as provided by Code Section 48-7-40.17 for the lowest tier participating county within the regional industrial development authority; provided, however, that the tax credit authorized by this paragraph shall be subject to all other conditions and limitations provided by Code Section 48-7-40.17."

SECTION 1A. Said title is further amended in Code Section 36-76-2, relating to definitions, by revising paragraphs (3) and (16) as follows:
"(3) 'Cable service' means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Such term shall not include any video programming provided by a provider of commercial mobile service as defined in 47 U.S.C. Section 332(d) or video programming accessed via a service that enables users to access content, information, email, or other services offered over the internet, including digital audiovisual works." "(16) 'Video service' means the provision by a video service provider of video programming through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including internet protocol technology. Such term shall not include any video programming provided by a provider of commercial mobile service or direct-to-home satellite services, as defined in 47 U.S.C. Sections 332 (d) and 303(v), respectively, or video programming accessed via a service that enables users to access content, information, email, or other services offered over the internet, including digital audiovisual works."

GEORGIA LAWS 2022 SESSION

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

Approved May 13, 2022.

__________

FOOD, DRUGS, AND COSMETICS -- THE GEORGIA RAW DAIRY ACT; AUTHORIZES AND REGULATES PRODUCTION, HANDLING, TRANSPORTING, AND SALE OF RAW MILK FOR HUMAN CONSUMPTION; AUTHORIZES USE OF TESTING EQUIPMENT TO DETERMINE WHETHER DRUG HAS BEEN ADULTERATED WITH SYNTHETIC OPIOID.

No. 879 (House Bill No. 1175).

AN ACT

To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to authorize and regulate the production, handling, transporting, and sale of raw milk for human consumption; to provide standards for safety, cleanliness, and health for such product and animals producing it; to authorize the Commissioner of Agriculture to enforce such standards; to provide for and require permits related to producing and handling raw milk for human consumption; to provide for violations of such standards; to require release of certain records at the request of the Commissioner of Agriculture; to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to provide for conforming changes; to amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of drugs, so as to authorize the use of testing equipment to determine whether a drug has been adulterated with a synthetic opioid; to provide a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Raw Dairy Act."

SECTION 2. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding a new article to read as follows:

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"ARTICLE 18

26-2-450. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture of the State of Georgia. (2) 'Department' means the Department of Agriculture of the State of Georgia. (3) 'Grade 'A' raw milk for human consumption' means raw milk for human consumption produced by a permitted raw milk for human consumption producer, which meets all health, safety, and labeling standards of this article. (4) 'Raw milk for human consumption' means fluid whole milk in its natural state from healthy cows, or other hoofed animals, which is intended for human consumption and has been produced under such rules and regulations as may be prescribed by or pursuant to this article.

26-2-451. Raw milk for human consumption which is in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered by the producer directly to the consuming public for the purpose of human consumption. No raw milk may be sold, offered for sale, or delivered for the purpose of human consumption for wholesale purposes or if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article.

26-2-452. (a) The Commissioner is charged with the responsibility of enforcing this article. (b) It shall be the duty of the Commissioner or his or her authorized representative:
(1) To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for human consumption produced, manufactured, kept, handled, stored, or sold; (2) To prohibit the production, sale, or distribution of unclean or unwholesome raw milk for human consumption; (3) To condemn for food purposes all unclean or unwholesome raw milk for human consumption, wherever found; (4) To take samples anywhere of any raw milk for human consumption or imitation thereof and cause the same to be analyzed or satisfactorily tested; (5) To weigh and test raw milk for human consumption; and (6) To compile and publish in print or electronically annually, or at such shorter intervals as he or she may desire, statistics and information concerning all phases of the raw dairy industry in this state.

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26-2-453. The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules and regulations shall include, but not be limited to, the following:
(1) Rules and regulations to provide for the labeling of raw milk for human consumption in such manner so as to indicate that said raw milk complies with this article and the rules and regulations promulgated under this article; (2) Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of raw milk for human consumption; and (3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.

26-2-454. (a) It shall be unlawful for any person who does not possess a permit from the department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption. Nothing in this article shall prohibit the storage and personal consumption of raw milk by the owner of an animal or a resident of the premises of production. (b) Only a person who complies with the requirements of this article shall be entitled to receive and retain such a permit. Permits shall not be transferable to other persons or locations. (c) Each producer and distributor of raw milk for human consumption shall hold a valid permit issued by the department prior to beginning operation. No permit shall be issued until all parts of the operation meet the requirements of this article. (d) Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be renewable upon submission of all required application forms. The Commissioner may deny, refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or failure to comply with this article or the rules and regulations promulgated hereunder; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

26-2-455. (a) Raw milk for human consumption shall be examined by the department as often as necessary to determine that it is not adulterated or misbranded. The department may, upon written notice to the owner or person in charge, place a hold order on any raw milk for

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GENERAL ACTS AND RESOLUTIONS, VOL. I

human consumption that it determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded. Under a hold order, raw milk for human consumption shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on raw milk for human consumption by the department, and neither such milk nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the department except on order by a court of competent jurisdiction. (b) When the freezing point of milk is greater than -0.525 degrees Celsius, the farm shall be notified that apparently the raw milk contains added water. If a second violation of this freezing point standard occurs within two years, an observed milking or operation of processing shall be conducted and samples analyzed. The freezing point obtained from raw milk collected during the observation shall be used to determine a definite freezing point from the individual farm. A violation of the determined freezing point for a specific operation by over 3 percent within two years of setting the standard shall call for a two-day permit suspension or equivalent. (c) When raw milk for human consumption is found to be adulterated by the presence of drugs, pesticides, herbicides, or other poisonous substances, it shall be impounded and additional samples analyzed. Raw milk for human consumption found to be adulterated shall be disposed of until analysis shows the product not to be adulterated. If testing reveals raw milk for human consumption positive for drug residues, the raw milk shall be disposed of in a manner that removes it from the human and animal food chain. The department shall immediately suspend the producer's Grade 'A' raw milk for human consumption permit, or equally effective measures shall be taken, to prevent the sale of raw milk for human consumption containing drug residues, and a penalty shall be imposed. Future sales are prohibited until subsequent testing reveals the milk is free of drug residue. The Grade 'A' producer's permit may be reinstated to allow the sale of raw milk for human consumption when a representative sample taken from the producer's raw milk is no longer positive for drug residue. Whenever a drug residue test is positive, a recall shall be initiated and an investigation shall be made to determine the cause. The farm inspection must be completed by the department to determine the cause of the residue and actions taken to prevent future violations, including on-farm changes in procedures necessary to prevent future occurrences as recommended by the department.

26-2-456. (a) All Grade 'A' raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced. (b) All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the Federal Food, Drug, and Cosmetic Act as amended, the Nutrition Labeling and Education Act (NLEA) of 1990 and regulations developed thereunder, the Code of Federal Regulations, and in addition shall comply with the applicable requirements of this Code section.

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(c) All bottles, containers, and packages enclosing raw milk for human consumption shall be conspicuously marked with:
(1) The words 'Grade A Raw' on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover; (2) The identity of the farm where packaged. This identity shall include the name, address, and permit number; (3) The following information statement, in print no smaller than 12 point font, shall be included on the package: 'Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness'; and (4) The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle's milk. (d) The department shall not permit the use of any misleading marks, words, or endorsements upon the label. The department may permit the use of registered trade designs or similar terms on the bottle cap or label, when, in its opinion, they are not misleading and are not used to obscure the required labeling. Descriptive labeling terms must not be used in conjunction with the Grade 'A' designation or name of the raw milk and must not be false or misleading.

26-2-457. (a) Samples of raw milk for human consumption may be taken for scientific examination for public health purposes, at any reasonable time or place, and examined bacteriologically or for any other public health reason by agents of the department. (b) Samples of raw milk for human consumption shall be collected and tested prior to a permit being issued. (c) The department shall collect samples to obtain satisfactory pathogenic testing results prior to:
(1) Receiving a permit and beginning production or distribution; or (2) Reinstatement of a permit that has been suspended because of positive results of testing for pathogenic organisms in association with a suspected outbreak of disease. (d) During any consecutive six months, at least four samples of raw milk for human consumption shall be collected from each producer in at least four separate months, except when three months show a month containing two sampling dates separated by at least 20 days. These samples shall be obtained under the direction of the department or shall be taken from each producer under the direction of the department and delivered in accordance with this Code section. (e) Required bacterial counts, somatic cell counts, and cooling temperature checks shall be performed on raw milk for human consumption. In addition, drug tests on each producer's milk shall be conducted at least four times during any consecutive six months. (f) When multiple samples of the same raw milk for human consumption are collected from the same producer from multiple tanks on the same day, the laboratory results shall be averaged arithmetically by the department and recorded as the official results for that

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GENERAL ACTS AND RESOLUTIONS, VOL. I

day. This is applicable for bacterial, including standard plate count and coliform, somatic cell count, and temperature determinations only. (g) Whenever two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days exceed the standard for the milk required by this article, the department shall send a certified or hand-delivered written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the standard. An additional sample shall be taken within 21 days of the sending of such notice, but not before the lapse of three days. Immediate suspension of permit shall be implemented whenever the standard is violated by three of the last five bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures. (h) When sampling for pathogenic organisms is conducted in association with a suspected outbreak of disease, and the samples test positive for pathogenic organisms, the department shall immediately suspend the permit. The permit shall remain suspended until a representative sample containing a minimum of two consecutive milkings are found to be free of pathogenic organisms. (i) Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the latest edition of Standard Methods for the Examination of Dairy Products (SMEDP) of the American Public Health Association, and the latest edition of Official Methods of Analysis (OMA) of the Association of Official Agricultural Chemists (AOAC) International. Such procedures, including the certification of sample collectors, and examinations shall be evaluated in accordance with the Evaluation of Milk Laboratories. (j) All violations of bacteria, somatic cell counts, coliform, and cooling temperature standards shall be followed promptly by inspection to determine and correct the cause.

26-2-458. (a) All Grade 'A' raw milk for human consumption shall be produced to conform with the following chemical, bacteriological, and temperature standards of this Code section:
(1) Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, of the commencement of the first milking, and to 7 degrees Celsius or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10 degrees Celsius. All finished, processed, and packaged raw milk for human consumption shall be maintained at 7 degrees Celsius or less after processing, during storage, and during transportation; (2) Individual producer milk shall not exceed bacteria limits of 20,000 per mL; (3) No positive results on drug residue detection methods required by the department; (4) Individual producer milk shall not exceed a somatic cell count of 500,000 per mL, except individual producer goat milk shall not exceed 1,000,000 per mL; (5) Coliform counts shall not exceed 10 per milliliter; and

GEORGIA LAWS 2022 SESSION

815

(6) Individual producer milk shall not contain any organisms of Escherichia coli, including, but not limited to, the 0157:H7 strain, Salmonella, Listeria monocytogenes, or Campylobacter. Pathogenic testing for such organisms shall be conducted with samples taken by the department:
(A) Quarterly; (B) Prior to permitting; and (C) In association with any outbreak of a foodborne disease. (b) No process or manipulation other than appropriate refrigeration shall be applied to raw milk for human consumption for the purpose of removing or deactivating microorganisms.

26-2-459. All Grade 'A' raw milk for human consumption shall be produced to conform with the following sanitation requirements of this Code section:
(1) Lactating animals which show evidence of the secretion of milk with abnormalities in one or more quarters, based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equipment and the milk shall be discarded; (2) Lactating animals that have been treated with, or have consumed, chemical, medicinal or radioactive agents, which are capable of being secreted in the milk and which, in the judgment of the department, may be deleterious to human health, shall be milked last or with separate equipment and the milk disposed of as the department may direct; (3) Milk from lactating animals being treated with medicinal agents, which are capable of being secreted in the milk, shall not be offered for sale for such period as is recommended by the attending veterinarian or as indicated on the package label of the medicinal agent; (4) Milk from lactating animals treated with or exposed to insecticides not approved for use on dairy animals by the United States Environmental Protection Agency shall not be offered for sale; (5) The department may require additional tests for the detection of milk with abnormalities as it deems necessary; (6) Bloody, stringy, off-colored milk, or milk that is abnormal to sight or odor shall be handled and disposed of as to preclude the infection of other lactating animals and the contamination of milk utensils; (7) Lactating animals secreting milk with abnormalities shall be milked last or in separate equipment which effectively prevents the contamination of the wholesome supply. Milking equipment used on animals with abnormalities in their milk shall be maintained clean to reduce the possibility of re-infecting or cross-infection of the dairy animals; (8) Equipment, utensils, and containers used for the handling of milk with abnormalities shall not be used for the handling of milk to be offered for sale, unless they are first cleaned and effectively sanitized;

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(9) Processed animal waste derivatives used as a feed ingredient for any portion of the total ration of the lactating dairy animal shall:
(A) Be properly processed in accordance with at least those requirements contained in the Model Regulations for Processed Animal Wastes developed by the Association of American Feed Control Officials; and (B) Not contain levels of deleterious substances, harmful pathogenic organisms, or other toxic substances which are secreted in the milk at any level that may be deleterious to human health; and (10) Unprocessed poultry litter and unprocessed recycled animal body discharges shall not be fed to lactating dairy animals.

26-2-460. (a) All raw milk for human consumption within the State of Georgia shall be from healthy animals. Raw milk from unhealthy animals shall not be offered for sale, be given away, or combined with other milk. (b) All animals producing raw milk for human consumption shall be tested for brucellosis and tuberculosis every 12 months. Animals showing positive by lesions or a positive test shall be reported to the department, and:
(1) Shall be separated, and kept separate, from the remainder of the herd; (2) A certificate, identifying each animal, signed by a licensed veterinarian and the director of the laboratory making the test, shall be filed with the department; (3) Shall be retested by a licensed veterinarian at a frequency specified by the United States Department of Agriculture (USDA), and test results shall be filed with the department; and (4) Disposition of diseased animals shall be conducted in accordance with guidelines published by the USDA and shall be reported to the department. (c) For diseases other than brucellosis and tuberculosis, the department shall require such physical, chemical, or bacteriological tests as it deems necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed veterinarian. Any diseased animal disclosed by such test shall be disposed of as the department directs. (d) Animals shipped into Georgia for the purpose of milking shall be tested for tuberculosis and brucellosis within 30 days prior to being brought into the state. Brucellosis testing shall not be required for any cattle that have been vaccinated for brucellosis and are under 30 months of age. (e) Records supporting the tests required in this Code section shall be available to the department and be validated with the signature of a licensed veterinarian.

26-2-461. Each producer of raw milk for human consumption shall develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any of these procedures as necessary with respect to any product for which

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the producer or the department knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. If the department determines, based upon representative samples, risk analysis, information provided by the producer, and other information available to the department, that the circumstances present an imminent hazard to the public health and that a form of consumer notice or product recall can effectively avoid or significantly minimize the threat to public health, the department may order the producer to initiate a level of product recall or, if appropriate, issue a form of notification to customers. The producer shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.

26-2-462. (a) The Commissioner shall be charged with the enforcement of this article and shall have the power and authority, in connection with this and other provisions dealing with milk, food, or food products, to revoke or cancel the permit or license of any person doing business in this state who violates the laws of this state or the rules and regulations made pursuant thereto. (b) The enforcement methods authorized by this article shall be cumulative of those provided otherwise by law, and the same are not superseded by this article.

26-2-463. (a) Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he or she may require. (b) All persons operating under this article shall keep complete and accurate records of their operations, and the Commissioner shall have free access to all such records.

26-2-464. Any person, firm, or corporation subject to this article or the other milk laws of this state who violates any of said provisions or any valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for cause shown the superior court having jurisdiction of the defendant in any such action may grant, injunctive relief, by interlocutory injunction, permanent injunction, or temporary restraining order, as the circumstances may warrant. The proceeding may be maintained notwithstanding the pendency of any civil action and notwithstanding the pendency of or conviction in a criminal proceeding arising from the same transaction. Such action may be maintained without bond. The purpose of this Code section is to create a statutory cause of action by way of injunction, and the Commissioner is authorized to bring such proceedings in the same form and manner and in the same court as other equitable proceedings may be brought. This remedy is not exclusive but is cumulative of other remedies afforded to protect the consuming public from unwholesome products which are economic frauds.

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26-2-465. It shall be unlawful:
(1) To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner; (2) To keep, store, or prepare for market any raw milk for human consumption in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept; (3) To handle or ship raw milk for human consumption in unclean or unsanitary vessels; (4) To expose raw milk for human consumption to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria; (5) To use or possess any branded or registered raw milk for human consumption can or container for any purpose other than the handling, storing, or shipping of raw milk for human consumption; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner; (6) To sell or offer for sale raw milk for human consumption that is not pure and fresh and handled with clean utensils; (7) To sell or offer for sale raw milk for human consumption from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease; (8) To sell or offer for sale any raw milk for human consumption which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the raw milk unfit for human consumption; or (9) To sell or offer for sale raw milk for human consumption which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder.

26-2-466. Any person who violates this article shall be guilty of a misdemeanor."

SECTION 3. Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, is amended by revising Code Section 26-2-231, relating to definitions, as follows:

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"26-2-231. (a) As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture for the State of Georgia. (2) 'Cream tester' means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products. (3) 'Dairy manufacturing plants' means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter. (4) 'Department' means the Department of Agriculture of the State of Georgia. (5) Reserved. (6) Reserved. (7) 'Manufactured milk products' means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result. (8) Reserved. (9) Reserved. (10) 'Person' means any individual, partnership, firm, company, or corporation. (11) 'Public dairies' means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail. (12) 'Raw whole milk for manufacturing purposes' means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk. (13) Reserved. (14) 'Ungraded milk' means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk, raw whole milk for manufacturing purposes as defined in this article, or raw milk for human consumption, as provided for in Article 18 of this chapter. (b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 2001, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service -- Food and Drug Administration and supplements thereto: (1) 'Grade A buttermilk'; (2) 'Grade A chocolate milk'; (3) 'Grade A milk, pasteurized';

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(4) 'Grade A modified solids milk'; (5) 'Grade A skim milk'; (6) 'Grade A whole milk'; (7) 'Pasteurization'; and (8) 'Raw cow's milk.' (c) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in 'Frozen Desserts,' 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110 -- 135.160 (1979): (1) 'Ice cream'; (2) 'Frozen custard'; (3) Reserved; (4) 'Sherbet'; and (5) 'Water ices.'"

SECTION 4. Said article is further amended by revising Code Section 26-2-242, relating to standards and requirements as to sale of milk and milk products generally, labeling, and sale of ungraded milk, raw whole milk, condensed or evaporated milk, as follows:
"26-2-242. (a) Milk and milk products which are in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption, provided the container in which the milk or milk product is sold, offered for sale, or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale, or delivered for the purpose of human consumption if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article unless such product complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder. (b) The sale, offering for sale, or delivery of ungraded milk is prohibited except as provided in Article 18 of this chapter. (c) No raw whole milk for manufacturing purposes may be offered for sale in this state to anyone except processors and manufacturers properly licensed and inspected to manufacture and process manufactured milk products. (d) It shall be unlawful to sell, keep for sale, or offer for sale any condensed or evaporated milk, concentrated milk, sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, sweetened evaporated skimmed milk, or any of the fluid derivatives of any of them, to which shall have been added any fat or oil other than milk fat, either under the name of the products or articles or the derivatives thereof, or under any fictitious or trade name whatsoever."

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SECTION 5. Said article is further amended by revising subsection (b) of Code Section 26-2-243, relating to intermingling of Grade A milk or milk products with other grades, inspections, permit requirements, and enforcement powers of Commissioner, as follows:
"(b) No person producing, handling, processing, manufacturing, or dealing in milk or milk products, which person produces, receives, distributes, or in any manner handles Grade A raw whole milk, Grade A pasteurized whole milk, or Grade A milk products, shall receive, store, handle, distribute, or otherwise allow raw milk for human consumption or raw whole milk for manufacturing purposes to be introduced upon the premises where the operations are conducted. At all times, such person shall be subject to inspection by the Commissioner and shall hold a Grade A permit, issued by the Commissioner, to deal in Grade A milk and Grade A milk products and shall conduct business pursuant to the laws of this state and the rules and regulations of the Commissioner made thereunder, to the end that milk products shall be handled only in the manner provided for in this article and that inferior quality milk not be sold to the consuming public as superior quality milk."

SECTION 6. Said article is further amended by revising paragraph (12) of Code Section 26-2-249, relating to unlawful acts, as follows:
"(12) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder except raw milk for human consumption which complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder."

SECTION 7. The provisions of the Georgia Raw Dairy Act shall become effective on July 1, 2023.

SECTION 8. Chapter 3 of Title 26 of the Official Code of Georgia Annotated, relating to adulterated drugs, is amended by revising Code Section 26-3-22, relating to other laws, as follows:
(a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Chapter 4 of this title, Article 3 of Chapter 13 of Title 16, the "Dangerous Drug Act," Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act," or Title 21 C.F.R. 210, the federal "current good manufacturing practices in manufacturing, processing, packing, or holding of drugs: general." Except that

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any testing equipment used to determine whether a controlled substance has been adulterated and contains a synthetic opioid shall not be considered a drug related object as defined by Article 2 of Chapter 13 of Title 16.

SECTION 9. All laws and parts of laws in conflict with the provisions of this bill are repealed.

Approved May 13, 2022.

__________

LOCAL GOVERNMENT REVISES PROVISIONS RELATED TO APPOINTMENT AND REMOVAL OF MUNICIPAL COURT JUDGES; VACANCIES.

No. 880 (House Bill No. 1275).

AN ACT

To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to revise provisions related to appointment and removal of municipal court judges; to provide for vacancies in office; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended in Code Section 36-32-2, relating to appointment of judges, by revising subsection (a) as follows:
"(a)(1) Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is authorized to appoint a judge of such court. Any individual appointed as a judge under this Code section shall possess such qualifications as set forth in Code Section 36-32-1.1 and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation. Notwithstanding the failure of the governing body of a municipal corporation to enter into a written agreement or enact an ordinance as provided for in this paragraph, any individual appointed as a judge under this Code section shall serve for a minimum term of one year from the date of appointment as reflected in the minutes of the municipal corporation, unless such

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municipal corporation's charter provides for a longer term, and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance or a charter. (2) Except as otherwise provided for in Code Section 36-32-2.1, in the event of a vacancy occurring during the term of a judge appointed under this Code section, the governing authority of the municipal corporation is authorized to appoint an individual to serve for the remainder of the unexpired term created by such vacancy, provided such individual is qualified by law to serve as a municipal court judge."

SECTION 2. Said article is further amended in Code Section 36-32-2.1, relating to removal of judges, by revising subsections (c), (e), (g), and (h) as follows:
"(c)(1) Removal proceedings pursuant to subsection (b) of this Code section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the municipal corporation. (2) A petition for removal shall state:
(A) The cause or causes for his or her termination in sufficient detail to enable him or her fairly to show any error that may exist therein; (B) The names of the known witnesses and a concise summary of the evidence to be used against him or her, and the names of any new witnesses shall be provided as soon as practicable; and (C) That the judge, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other evidence as provided by law. (3) Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the municipal corporation that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension." "(e)(1)(A) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished notice of the time and place where the hearing will be held and a copy of the charges at least 20 days prior to the hearing. (B) The notice required by subparagraph (A) of this paragraph shall be served by certified mail or statutory overnight delivery and shall be deemed to be perfected by

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certified mail when the notice is deposited in the United States mail addressed to the last known address of the addressee with sufficient postage affixed to the envelope. (C) The judge shall be entitled to be represented by counsel at his or her expense and, upon request, shall be entitled to have subpoenas or other compulsory process issued for the attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the governing authority of the municipal corporation and shall be signed by the chief elected official or chief executive officer of the municipal corporation. In all other respects, such subpoenas and other compulsory process shall be subject to Article 2 of Chapter 13 of Title 24. (D) The hearing shall be recorded at the expense of the municipal corporation. Such recording should contain at least the audio and may contain video. The audio recording of the hearing shall be transcribed at the judge's expense if he or she requests certiorari review by the superior court. (E) The following oath or affirmation shall be administered to all witnesses by the presiding officer provided for in paragraph (2) of this subsection;
'You do solemnly swear or affirm that the testimony you give shall be the truth, the whole truth, and nothing but the truth. So help you God.' (F) All questions relating to the admissibility of evidence or other legal matters shall be decided by the presiding officer provided for in paragraph (2) of this subsection. The governing authority of the municipal corporation shall have the burden of proving by a preponderance of the evidence that removal is warranted pursuant to subsection (b) of this Code section, and such governing authority shall have the right to open and to conclude arguments. Except as otherwise provided in this Code section, hearings shall be governed by the same rules as govern the introduction of evidence in nonjury civil trials in the superior court. (G) At the conclusion of the hearing, the governing authority of the municipal corporation shall determine whether or not to remove the judge from office. The governing authority of the municipal corporation shall state the basis for its decision to remove or not remove the judge from office. Said decision and its basis shall be rendered at the hearing and shall be in writing. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the municipal corporation, or any portion of it, is situated. (2) The chief judge of the superior court of the circuit in which the governing authority of the municipal corporation, or any portion of it, is situated shall appoint a senior superior court judge or a senior state court judge to act as the presiding officer at a hearing conducted pursuant to this subsection. If the municipal corporation lies in two superior court circuits, the most senior chief judge of the circuits shall appoint such presiding officer. The governing authority of the municipal corporation shall be

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responsible for compensating the presiding officer for his or her services at a rate not to exceed $500.00 per diem, plus reasonable and necessary expenses." "(g) In the event that a vacancy in a judgeship is created by the removal of a judge pursuant to this Code section, the governing authority of the municipal corporation may fill such vacancy by appointing any individual qualified by law to serve as a municipal court judge for a period of not less than 30 days nor more than 60 days. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the municipal corporation may appoint a judge in the same manner as set forth in Code Section 36-32-2. (h) The provisions of this Code section shall expressly supersede any conflicting local law of this state."

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

Approved May 13, 2022.

__________

LOCAL GOVERNMENT ZONING PROCEDURES LAW; REVISES PROVISIONS REGARDING ZONING DECISIONS AND JUDICIAL REVIEW OF SAME; PROVIDES ADDITIONAL NOTICE AND HEARING PROVISIONS FOR CHANGES TO ZONING ORDINANCES REVISING SINGLE-FAMILY RESIDENTIAL CLASSIFICATIONS AND DEFINITIONS TO AUTHORIZE MULTIFAMILY RESIDENTIAL PROPERTY USES; REQUIRES CERTAIN DESIGNATIONS RELATING TO APPEALS OF QUASI-JUDICIAL DECISIONS.

No. 881 (House Bill No. 1405).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to revise "The Zoning Procedures Law"; to revise provisions related to judicial review of zoning decisions; to revise definitions; to provide for requirements for zoning decisions by boards or agencies using delegated powers; to provide additional notice and hearing provisions for changes to zoning ordinances that revise single-family residential classifications and definitions so as to authorize multifamily residential property uses; to require review procedures for decisions made by boards or agencies using delegated powers;

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to provide for judicial review of zoning decisions; to require certain designations relating to appeals of quasi-judicial decisions; 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 36 of the Official Code of Georgia Annotated, relating to local governments, is amended by revising Chapter 66, relating to zoning procedures, as follows:

"CHAPTER 66 36-66-1. This chapter shall be known and may be cited as the 'Zoning Procedures Law.'

36-66-2. (a) While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise and means of judicial review of the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to July 1, 2023, or to require a local government to exercise its zoning power. (b) Consistent with the minimum procedures required by this chapter, local governments may:
(1) Provide by ordinance or resolution for such administrative officers, boards, or agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning powers and to establish procedures and notice requirements for hearings before such quasi-judicial officers, boards, or agencies that are consistent with the minimum procedures provided for in this chapter to assure due process is afforded the general public; and (2) Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter and, where so adopted, thereby establish the minimum procedures for such local government's exercise of zoning powers.

36-66-3. As used in this chapter, the term:
(1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries. (1.1) 'Quasi-judicial officers, boards, or agencies' means an officer, board, or agency appointed by a local government to exercise delegated, quasi-judicial zoning powers

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including hearing appeals of administrative decisions by such officers, boards, or agencies and hearing and rendering decisions on applications for variances, special administrative permits, special exceptions, conditional use permits, or other similar permits not enumerated herein as a zoning decision, pursuant to standards for the exercise of such quasi-judicial authority adopted by a local government. (2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2. (3) 'Zoning' means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established. (4) 'Zoning decision' means final legislative action by a local government which results in:
(A) The adoption or repeal of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (C) The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another; (D) The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality; (E) The grant or denial of a permit relating to a special use of property; (F) The grant or denial of a variance or conditions concurrent and in conjunction with a decision pursuant to subparagraphs (C) or (E) of this paragraph. (5) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein.

36-66-4. (a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. Where the proposed action includes any combination of zoning decisions under subparagraphs (C), (E), or (F) of paragraph (4) of Code Section 36-66-3 for the same property, only one hearing shall be required under this Code Section. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within

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the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. (b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government, then:
(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and (2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. (c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government. (d) If the zoning is for property to be annexed into a municipality, then: (1) Such municipal local government shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6; (2) The hearing required by subsection (a) of this Code section shall be conducted prior to the annexation of the subject property into the municipality; (3) In addition to the other notice requirements of this Code section, the municipality shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this Code section and shall place a sign on the property when required by subsection (b) of this Code section; and (4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:
(A) The date the zoning is approved by the municipality; (B) The date that the annexation becomes effective pursuant to Code Section 36-36-2; or (C) Where a county has interposed an objection pursuant to Code Section 36-36-11, the date provided for in paragraph (8) of subsection (c) of said Code section. (e) A qualified municipality into which property has been annexed may provide, by the adoption of a zoning ordinance, that all annexed property shall be zoned by the municipality, without further action, for the same use for which that property was zoned immediately prior to such annexation. A qualified county which includes property which has been deannexed by a municipality may provide, by the adoption of a zoning ordinance,

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that all deannexed property shall be zoned by the county, without further action, for the same use for which that property was zoned immediately prior to such deannexation. A municipality shall be a qualified municipality only if the municipality and the county in which is located the property annexed into such municipality have a common zoning ordinance with respect to zoning classifications. A county shall be a qualified county only if that county and the municipality in which was located the property deannexed have a common zoning ordinance with respect to zoning classifications. A zoning ordinance authorized by this subsection shall be adopted in compliance with the other provisions of this chapter. The operation of such ordinance to zone property which is annexed or deannexed shall not require any further action by the adopting municipality, adopting county, or owner of the property annexed or deannexed. Property which is zoned pursuant to this subsection may have such zoning classification changed upon compliance with the other provisions of this chapter. (f) When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:
(1) Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and (2) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper. (g) A local government delegating decision-making power to a quasi-judicial officer, board, or agency shall provide for a hearing on each proposed action described in paragraph (1.1) of Code Section 36-66-3. Notice of such hearing shall be provided at least 30 days prior to the quasi-judicial hearing, with such notice being made as provided for in subsection (a) of this Code section and with additional notice being mailed to the owner of the property that is the subject of the proposed action. (h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for

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property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:
(A) The zoning decision shall be adopted at two regular meetings of the local government making the zoning decision, during a period of not less than 21 days apart; and (B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by this paragraph shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:
(i) Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and (ii) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost. (2) The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property. (3) This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

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36-66-5. (a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions or quasi-judicial decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side. (b) In addition to policies and procedures required by subsection (a) of this Code section, each local government rendering a zoning decision shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public. (b.1) In addition to policies and procedures required by subsection (a) of this Code section, each local government providing for a quasi-judicial officer's, board's, or agency's grant, denial, or review of a quasi-judicial matter may adopt specific standards and criteria governing the exercise of such quasi-judicial decision-making authority, and such standards shall include the factors by which the local government directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies thereof made available for distribution to the general public. (c) The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsection (b) and permitted by subsection (b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection.

36-66-5.1. (a) To ensure that the general public is afforded due process in an orderly way to petition the courts for review of a local government's exercise of zoning, administrative, or quasi-judicial powers as guaranteed by Article I, Section I, Paragraphs IX and XII of the Constitution, the General Assembly, pursuant to its authority under Article VI, Section IV, Paragraph I of the Constitution, provides the following mechanism by which each of the powers described in this chapter may be reviewed by the superior court of the county wherein such property is located:

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(1) Zoning decisions as described in this chapter, being legislative in nature, shall be subject to direct constitutional challenge regarding the validity of maintaining the existing zoning on the subject property or the validity of conditions or an interim zoning category other than what was requested in the superior court pursuant to its original jurisdiction over declaratory judgments pursuant to Chapter 4 of Title 9 and equity jurisdiction under Title 23. Such challenges shall be by way of a de novo review by the superior court wherein such review brings up the whole record from the local government and all competent evidence shall be admissible in the trial thereof, whether adduced in a local government process or not and employing the presumption that a governmental zoning decision is valid and can be overcome substantively by a petitioner showing by clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare; or (2) Quasi-judicial decisions as described in this chapter and zoning decisions under subparagraph (E) of paragraph (4) of Code Section 36-66-3 shall be subject to appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for such review as provided for in Title 5. Such matters shall be reviewed on the record which shall be brought to the superior court as provided in Title 5. (b) All such challenges or appeals shall be brought within 30 days of the written decision of the challenged or appealed action. (c) To ensure that the citizens of this state are not unnecessarily burdened by the review process as a mechanism of appeal, local governments shall designate by ordinance or resolution: (1) The officer of the quasi-judicial board or agency who shall have authority, without additional board or agency action, to approve or issue any form or certificate necessary to perfect the petition described in Title 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of the local government; and (2) The elected official or his or designee who shall have authority to accept service and upon whom service of an appeal of a quasi-judicial decision may be effected or accepted on behalf of the local governing authority, during normal business hours, at the regular offices of the local government. (d) An appeal or challenge by an opponent filed pursuant to this chapter shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the local government, officer, board, or agency from which or from whom the appeal or challenge is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in

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the action and served in accordance with the requirements of Title 5 or Title 9, as appropriate.

36-66-6. (a) In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall, with respect to each proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport, investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record. (b) The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport; (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. This Act shall become effective on July 1, 2022, and shall apply to all zoning and quasi-judicial decisions occurring on and after that date; however, no zoning or quasi-judicial decision prior to July 1, 2023, shall be rendered invalid or void because of a local government's failure to implement language in their ordinances accomplishing the provisions of Code Section 36-66-5.1.

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

Approved May 13, 2022.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

GEORGIA LAWS 2022 SESSION

837

CONSTITUTIONAL AMENDMENT LOCAL GOVERNING AUTHORITIES; TEMPORARY DISASTER TAX RELIEF.

No. 803 (House Resolution No. 594).

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to provide that the governing authorities of counties, municipalities, and consolidated governments and the board of education of each independent and county school system shall be authorized to grant temporary tax relief to properties severely damaged or destroyed as a result of a disaster and located within a nationally declared disaster area; to provide for implementing legislation; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section I of the Constitution is amended by revising subparagraph (a) of Paragraph III and adding a new subparagraph to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), (e), (f), and (h) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."
"(h) The governing authority of each county, municipality, and consolidated government and the board of education of each independent and county school system in this state shall be authorized to grant temporary tax relief to properties within its jurisdiction which are severely damaged or destroyed as a result of a disaster and which are located within a nationally declared disaster area. The General Assembly shall provide by general law for the eligibility, procedures for obtaining, and all other matters regarding such temporary tax relief."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"( ) YES Shall the Constitution of Georgia be amended so as to provide that the ( ) NO governing authority of each county, municipality, and consolidated government and the board of education of each independent and county school system in this state shall be authorized to grant temporary tax relief to properties within its jurisdiction which are severely damaged or destroyed as a result of a disaster and located within a nationally declared disaster area?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 2, 2022.

Locations