Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19950000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1995 19950000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume One

TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 VOLUME TWO Acts and Resolutions of Local Application 3501 County Home Rule Actions 4509 Municipal Home Rule Actions 4537 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VI Appellate CourtsPersonnel XIV Superior CourtsPersonnel and Calendars XV Index-Tabular XXVI Index General LXII Population of Georgia CountiesAlphabetically CXXVIII Population of Georgia CountiesNumerically CXXXIV Population of Municipalities CXXXVI Population of Judicial Circuits CXLVII Georgia Senate Districts, Alphabetically by County CL Georgia Senators, Alphabetically by Name CLII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVII Status of Referendum Elections CLXXIV Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at 1994 General Election CCCXVI Municipalities Continued or Abolished CCCXX Vetoes by the Governor CCCXXXII

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COMPILER'S NOTE General Acts and Resolutions of the 1995 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. No amendments to the Constitution of the State of Georgia were proposed in 1995. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and municipalities filed in the Office of the Secretary of State during 1994 are printed in Volume II beginning at pages 4509 and 4537, respectively. There are no numbered pages between page 1374, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be compiled and printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, type size has been reduced slightly, the index and other material is now in a separate volume, and future Volumes I or II, or both, may be divided into two or more books. Page numbers will run consecutively between books in the same volume. 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; the Governor's veto message; the Governor's proclamation concerning amendments to the Constitution of the State of Georgia ratified in 1994; and a list of municipalities continued or abolished pursuant to Code Section 36-30-7.1 of the Official Code of Georgia Annotated are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where 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 also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. REVENUE INCOME TAXES; THE FEDERAL RETIREE REFUND ACT OF 1995. Code Sections 48-2-100 through 48-2-108 Enacted. No. 1 (House Bill No. 90). AN ACT To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for refund claims and procedures; to provide for rights and duties of claimants; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Administrative Hearings; to provide for automatic repeal of the foregoing provisions; to provide an effective date; to provide implementation of this Act only upon dismissal of litigation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows: ARTICLE 4 48-2-100. This article shall be known and may be cited as `The Federal Retiree Refund Act of 1995.' 48-2-101. It is found and determined by the General Assembly of Georgia: (1) That under the United States Supreme Court decision of Davis v. Michigan Dep't of Treasury , 489 U.S. 803 (1989), the state collected taxes from retired federal employees pursuant to a Georgia statute which was subsequently found unconstitutional; and (2) That although the Georgia Supreme Court found the Georgia statute unconstitutional under the Davis analysis, it found that the Georgia refund statute found at Code Section 48-2-35 did not apply; and

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(3) Charles J. Reich, Petitioner, appealed the decision of the Georgia Supreme Court to the United States Supreme Court in the matter of Charles J. Reich v. Marcus E. Collins and The Georgia Department of Revenue , United States Supreme Court, Case Number 93-908 and that case was decided unanimously in favor of the petitioner on December 6, 1994, by the United States Supreme Court and was remanded to the Georgia courts for relief consistent with due process; and that this decision mandates meaningful relief which requires the establishment of a common fund for Georgia federal retirees; and (4) That it is in the state's best interest to end such litigation through a dismissal with prejudice of the Reich case and by providing for a refund procedure and for refunds specific to retired federal employees who meet the requirements of this article. 48-2-102. As used in this article, the term: (1) `Attorneys' fees' means the percentage amount specified by this article to be paid from the common fund to counsel of record for the petitioner in the United States Supreme Court case of Reich v. Collins for payment of attorneys' fees and all expenses of litigation. (2) `Common fund' means the total dollar amount of principal to be refunded with simple interest calculated pursuant to this article to eligible recipients. (3) `Eligible recipient' means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who timely filed a refund claim for that tax year. (4) `Installment payments' means those payments of principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article. (5) `Principal' means the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state from retired federal employees which taxes were unconstitutional under the principles set forth in Davis v. Michigan , 489 U.S. 803 (1989). (6) `Refund claim' means a written notice, whether on a Form 500 X or other appropriate written notice, which was filed by the taxpayer with the department for one or more of the tax years 1985, 1986, 1987, and 1988 within the time and in the manner specified by Code Section 48-2-35. (7) `Retired federal employees' means federal civil service employees and United States military personnel or their heirs or their estate or legal representative.

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(8) `Retirement income' means income which under the principles set forth in Davis v. Michigan , 489 U.S. 803 (1989), was taxed unconstitutionally by the State of Georgia for tax years prior to 1989. 48-2-103. (a) The state shall pay refund claims to eligible recipients in the total amount of the principal paid by the eligible recipient for each year that the eligible recipient filed a refund claim. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1995, 1996, 1997, and 1998 until the principal and interest thereon have been paid in full. The state shall pay eligible recipients simple interest calculated at 7 percent from the time the income tax payment was due and paid by the eligible recipient until payment of the first installment payment due October 15, 1995. The state shall further pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the principal due that eligible recipient, plus accrued interest, until paid in full. (b) The total amount of the principal and interest due the eligible recipients shall constitute a common fund. The state may pay refunds prior to the scheduled installment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the principal and interest thereon due eligible recipients and attorneys' fees due. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropriations Act. 48-2-104. (a) On the fifteenth day of October in the years 1995, 1996, 1997, and 1998, the state shall deduct 15 percent of the installment payment due to eligible recipients for that year for payment of attorneys' fees. The remainder shall be disbursed to eligible recipients on a pro rata basis so that each eligible recipient receives approximately one-fourth of the total amount calculated to be due that particular eligible recipient according to the installment payment schedule. (b) (1) Attorneys' fees are in consideration of services for the creation of the common fund and are being paid from the common fund created by this article and not by the state and do not represent extra compensation. (2) The department shall disburse attorneys' fees on a monthly basis from all checks negotiated by eligible recipients and from all checks for which no objection was filed pursuant to subsection (c) of Code Section 48-2-105. 48-2-105. (a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each

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eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the installment payment schedule, the estimated amount which will be disbursed for attorneys' fees on a yearly basis, and the pro rata share annually estimated to be due the particular taxpayer who is an eligible recipient. The amount shown as the pro rata share for each eligible recipient shall separately disclose the amount of principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice. (b) The written notice shall advise eligible recipients that negotiation of the first disbursement shall constitute a release and full accord and satisfaction for any and all claims for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan Dep't of Treasury , 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article. (c) An eligible recipient may decline to participate in this settlement by providing written objection of same to the commissioner on or before 90 days from actual receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan , except as otherwise provided for in this article. (d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disbursement provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice. (e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the determination must be in writing and must

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be mailed to the last known address of the eligible recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings. (f) All other disputes pursuant to this article not involving questions regarding the specific refund due the eligible recipient shall be referred to the Office of State Administrative Hearings. Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the `Georgia Administrative Procedures Act,' unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the claims of eligible recipients under this article. Without limitation, the Office of State Administrative Hearings shall determine the validity and timeliness of individual refund claims. The Office of State Administrative Hearings shall also review the determination of the commissioner or the commissioner's designee as to the amounts due eligible recipients. (g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Superior Court of Fulton County. All appeals from the Office of State Administrative Hearings shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedures Act.' 48-2-106. (a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereafter. (b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eligible recipient may contest the setoff according to laws, policies, and procedures of the department. (c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as otherwise provided in this Code section. 48-2-107. Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title.

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48-2-108. This article shall stand repealed and shall be null and void and of no effect with no further legislative action required on December 31, 1999. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the state revenue commissioner shall not implement the provisions of this Act unless and until the counsel of record for the petitioner in the matter of Charles J. Reich v. Marcus E. Collins and The Georgia Department of Revenue , United States Supreme Court, Case Number 93-908, has dismissed Charles J. Reich v. Marcus E. Collins and The Georgia Department of Revenue with prejudice. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 1, 1995. STATE PROPERTY EASEMENTS AND CONVEYANCE TO METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY; ACCEPTANCE OF PROPERTY. No. 1 (House Resolution No. 49). A RESOLUTION Authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Metropolitan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, MARTA is the owner of approximately 1.6 acres of real property air rights on the southern boundary of the Georgia World Congress Center in Fulton County identified as Tract Numbers 4, 5, 6, and 18 on that certain plat of survey entitled Part of Project Site GWCC-6, Georgia International Plaza Sheet 2 of 5 prepared by Larry Clark, Georgia Registered Land Surveyor No. 1709 dated December 12, 1994; and the State of Georgia is the owner of a portion of two streets known as Elliott Street and New Block Place located on the southern boundary of the Georgia World Congress Center and approximately 1.9 acres of real property air rights located southwest of Western and Atlantic Railroad right-of-way between Forsyth Street and including Spring Street identified as being parts of Tracts 2, 3, and 4 on that certain plat of survey entitled Consolidated Atlanta Properties, Inc. prepared by Watts and Browning

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Engineers dated August 3, 1973, in Fulton County; both plats being on file in the offices of the State Properties Commission; and WHEREAS, custody of the subject state owned real property air rights is vested in the State Properties Commission; and WHEREAS, the State of Georgia and Georgia World Congress Center are desirous of acquiring the above-mentioned MARTA owned property in conjunction with the construction of Georgia International Plaza; and WHEREAS, the exchange of the aforedescribed tracts of real property would be beneficial both to the State of Georgia and MARTA. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That, in all matters relating to the conveyance of the herein described state owned real property and the acceptance of the herein described real property owned by MARTA, 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, is authorized and empowered to convey by appropriate instrument to MARTA the hereinabove-described air rights to Tracts 2, 3, and 4 of state owned real property and that portion of two streets known as Elliott Street and New Block Place where said streets adjoin property owned by MARTA, and access easements over certain state owned property to MARTA owned property lying beneath the air rights contemplated herein, and to accept in consideration therefor from MARTA the hereinabove-described property owned by MARTA. SECTION 3 . That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. SECTION 4 . That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. SECTION 5 . That the conveyance herein considered shall contain such other reasonable terms and conditions 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

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property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. SECTION 6 . That the conveyance instrument authorized by this resolution shall be recorded in the Superior Court of Fulton County and a recorded copy shall be maintained by the State Properties Commission. SECTION 7 . That the authorization in this article to convey the above-described Tracts 2, 3, and 4 of state owned property to MARTA and to accept the above-described property from MARTA shall expire three years after the date that this resolution becomes effective. SECTION 8 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved February 13, 1995. ELECTIONS CODE REVISION; CORRECTIONS. Code Title 21 Amended. No. 3 (House Bill No. 197). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows:

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(1) By striking either box and inserting in lieu thereof any box in subsection (g) of Code Section 21-2-222, relating to designated voter registration agencies and offices, definitions, and duties of agencies and offices. (2) By striking of the business and inserting in lieu thereof of business and by striking same as registration and inserting in lieu thereof same as the registration in subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another. (3) By striking database and inserting in lieu thereof data base in subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State. (4) By striking decision on the challenged and inserting in lieu thereof decision on the challenge in subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, procedure, hearing, and right of appeal. (5) By striking acknowledgements and inserting in lieu thereof acknowledgments in subsection (b) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities. (6) By striking a address and inserting in lieu thereof an address in paragraphs (2) and (3) of subsection (c) of Code Section 21-2-235, relating to inactive list of electors. (7) By striking the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 and inserting in lieu thereof April 15, 1994, in subsection (a) of Code Section 21-2-261.1, relating to precinct boundary requirements. (8) By striking subparagraph (b)(2)(A) of Code Section 21-2-217, and inserting in lieu thereof subsection (b) of Code Section 21-2-219, in paragraph (2) of subsection (a) and by adding Section following U.S.C. in subparagraphs (A) and (C) of paragraph (2) of subsection (d) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application. (9) By deleting the (a) designation and by deleting the reserved subsection (b) of Code Section 21-3-10, relating to authority for county to conduct municipal elections.

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(10) By striking close of the and inserting in lieu thereof close of, by adding the between same as and registration in subsection (b), by striking a address and inserting in lieu thereof an address in paragraphs (2) and (3) of subsection (i), and by adding a comma between primary and such in subsection (k) of Code Section 21-3-123, relating to deadlines for applications for registration, voting in primaries, preparation and delivery of official list of electors, voting by persons on inactive list of electors, municipal electors list provided to county board, and procedure for correcting list of electors because of changes in names or addresses. (11) By striking decision on the challenged and inserting in lieu thereof decision on the challenge in subsection (i) of Code Section 21-3-125, relating to challenge of listed persons by other electors and procedure for deciding challenges. (12) By striking the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 and inserting in lieu thereof April 15, 1994, in subsection (a) of Code Section 21-3-161.1, relating to boundary and filing requirements for voting precincts established or altered on or after a specific date. (13) By striking in aggregate and inserting in lieu thereof in the aggregate in subsection (d) of Code Section 21-5-41, relating to definitions relative to contributions to candidates for public office. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 21, 1995. OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; CORRECTIONS; REENACTMENT. No. 4 (House Bill No. 199). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations

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of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Reserved. SECTION 2 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences in Code Sections 2-2-8, relating to educational exhibits promoting state resources at agricultural fairs authorized; 2-4-3, relating to the composition, officers, bylaws, quorum, compensation, records, audit, and bonds of the Seed Development Commission; 2-4-4, relating to the powers and duties generally of the Seed Development Commission; 2-4-7, relating to creation, members, and function of the advisory board of the Seed Development Commission; 2-6-23, relating to the establishment, composition, terms of office, ex officio advisers, seal, and rules and regulations of the State Soil and Water Conservation Commission; 2-8-22, relating to the recommendation of marketing orders or amendments by the commodities commission and authorized provisions; 2-8-62, relating to recommendations of promulgation of marketing orders, permissible provisions of orders, and effectiveness of orders heretofore adopted and in effect on July 1, 1989; 2-10-87, relating to directors to manage the cooperative association, number, election or appointment, compensation, contracts with the association, and vacancies; 2-11-29, relating to the creation, selection of members, compensation, and duties of the Seed Advisory Committee; 2-11-74, relating to membership, terms, chairperson and secretary, sessions, and expenses of the Seed Arbitration Council; and 2-12-73, relating to registration of soil amendment required, proof of claims or value, and fee. (2) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences' in paragraph (6) and by striking the preceding Tift County in paragraph (8) of subsection (a) of Code Section 2-3-5, relating to composition, officers, bylaws, quorum, expense allowance and travel cost reimbursement for members, compensation of employees, and legal registration of the Georgia Agrirama Development Authority.

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(3) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences and by striking Inc. must and inserting in lieu thereof Inc., must in Code Section 2-11-52, relating to designation of agency for certification of seeds and plants, and liability for damages resulting from certification work. (4) By adding of this Code section following subsection (a) in subsection (b) of Code Section 2-11-70, relating to purpose and creation of Seed Arbitration Council. (5) By striking Article 1 of Chapter 12 of Title 2, and inserting in lieu thereof Article 1 of this chapter, in subsection (c) of Code Section 2-12-106, relating to exemptions from labeling and registration requirements in the distribution of horticultural growing media planted with live plant material. (6) By striking This Act and inserting in lieu thereof This Code section in Code Section 2-14-41.1, relating to prohibition against restriction of honeybee production or maintenance. SECTION 3 . Reserved. SECTION 4 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) By striking Code title and inserting in lieu thereof title in subsection (b) of Code Section 4-1-2, relating to the qualifications, term of office, and assistants of the state veterinarian. (2) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences in subsection (b) of Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors. SECTION 5 . Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) By striking desires to appeal' and inserting in lieu thereof desire to appeal in Code Section 5-3-4, relating to appeal by one of several plaintiffs or defendants and authorization and procedure generally. (2) By striking as above provided and inserting in lieu thereof as provided in subsection (a) of this Code section in subsection (b) of Code Section 5-3-22, relating to payment of costs prerequisite to appeal, affidavit of indigence, dismissal for nonpayment following court order, and supersedeas bond.

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SECTION 6 . Reserved. SECTION 7 . Reserved. SECTION 8 . Reserved. SECTION 9 . Reserved. SECTION 10 . Reserved. SECTION 11 . Reserved. SECTION 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By adding and at the end of paragraph (9) of subsection (b) of Code Section 12-3-3, relating to powers of the Department of Natural Resources as to projects generally. (2) By striking advisors and inserting in lieu thereof advisers in paragraph (3) of Code Section 12-3-564, relating to powers and duties of the Georgia Sports Hall of Fame Authority. (3) By striking Governmental Operations and inserting in lieu thereof State and Local Governmental Operations in subsection (i) of Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms. (4) By deleting and at the end of paragraph (15) of subsection (a), by deleting the period and inserting in lieu thereof ; and at the end of paragraph (16) of subsection (a), and by striking Board of Regents and inserting in lieu thereof board of regents in subparagraph (a)(17)(B) of Code Section 12-7-6, relating to minimum requirements for rules, regulations, ordinances, or resolutions governing land-disturbing activities. (5) By striking paragraphs and inserting in lieu thereof paragraph in paragraph (7) and by adding and at the end of paragraph (8) of subsection (a) of Code Section 12-7-17, relating to exemptions from control of soil crosion and sedimentation.

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(6) By striking the comma following conditions and inserting in lieu thereof or and by deleting the comma following director in the first sentence of paragraph (1) of subsection (e) of Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility and inspection of solid waste generators. (7) By designating the undesignated paragraph in subsection (b) as subsection (b.1), by striking underground storage tank trust fund and inserting in lieu thereof Underground Storage Tank Trust Fund in redesignated subsection (b.1) and in subsection (c), and by striking (b) and (c) and inserting in lieu thereof (b), (b.1), and (c) in the introductory language of subsections (d) and (e) and in paragraph (2) of subsection (e) of Code Section 12-13-11, relating to corrective action for release of a petroleum product into the environment. (8) By striking attorney fees and inserting in lieu thereof attorney's fees and by striking (b) and (c) and inserting in lieu thereof (b), (b.1), and (c) in subsection (a) of Code Section 12-13-12, relating to recovery in event of discharge or threat of discharge of regulated substance and a lien on the real property. SECTION 13 . Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By striking official 1990 decennial United States Census and inserting in lieu thereof United States decennial census of 1990 in paragraph (2) of Code Section 13-11-2, relating to definitions of prompt payment. SECTION 14 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By striking April 1, and inserting in lieu thereof July 1, in subsection (1) of Code Section 14-8-46, relating to registered office and registered agent required for foreign limited liability partnership, Secretary of State as agent for service of process, and venue. (2) By striking April 1, and inserting in lieu thereof July 1, both times it appears in Code Section 14-8-61, relating to effective date of laws governing all foreign limited liability partnerships. (3) By striking benefitted and inserting in lieu thereof benefited in subsection (c) of Code Section 14-11-1012, relating to court costs and counsel fees. SECTION 15 . Reserved.

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SECTION 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking metal knuckles or knife and inserting in lieu thereof metal knuckles or a knife in Code Section 16-11-101, relating to furnishing metal knuckles or a knife to persons under the age of 18 years. (2) By striking within vehicle and inserting in lieu thereof within a vehicle in paragraph (7) of subsection (b) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property. (3) By striking subsection (b) and inserting in lieu thereof paragraph (2) of subsection (a) in paragraph (5) of subsection (b) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor. SECTION 17 . Reserved. SECTION 18 . Reserved. SECTION 19 . Reserved. SECTION 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking As used in the Code and inserting in lieu thereof As used in this Code in subsection (a) of Code Section 20-2-189, relating to migrant student grants for schools. (2) By striking cafetoriums and inserting in lieu thereof cafeterias in paragraph (5) of subsection (b) and by striking section. Provided, however, and inserting in lieu thereof section; provided, however, in subsection (q) of Code Section 20-2-260, relating to capital outlay funds generally. (3) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences in subsection (a) of Code Section 20-3-73, relating to director of agricultural matters. (4) By striking Fiscal Division of the Department of Administrative Services and inserting in lieu thereof Office of Treasury and Fiscal

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Services in paragraph (1) of subsection (g) of Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund. SECTION 21 . Reserved. SECTION 22 . Reserved. SECTION 23 . Reserved. SECTION 24 . Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By striking Mortality Tables and inserting in lieu thereof Mortality Table in Code Section 24-4-45, relating to other mortality tables. (2) By striking above provided and inserting in lieu thereof provided in subsection (b) of Code Section 24-7-24, relating to proof of laws and judicial records of other states and full faith and credit. (3) By striking above provided and inserting in lieu thereof provided in subsection (b) of Code Section 24-7-25, relating to proof of nonjudicial records or books of other states and full faith and credit. (4) By inserting the preceding Uniform in subsection (c) of Code Section 24-8-28, relating to procedure as to action on lost or destroyed note, bill, bond, etc. (5) By striking Code Sections 24-9-41 and inserting in lieu thereof this Code section and Code Sections 24-9-42, by striking the semicolons and inserting in lieu thereof periods at the end of paragraphs (1) thru (6), and by striking Health-care and inserting in lieu thereof Health care in paragraph (3) of Code Section 24-9-41, relating to disclosure of medical records and terms defined. (6) By striking health-care and inserting in lieu thereof health care in Code Section 24-9-42, relating to disclosure of medical records and effect on confidential or privileged character thereof. (7) By striking 24-9-41 through and inserting in lieu thereof 24-9-41 and 24-9-42, this Code section, and Code Sections 24-9-44 and in Code Section 24-9-43, relating to use of medical matter so disclosed. (8) By striking 24-9-45 and inserting in lieu thereof 24-9-44 and this Code section in Code Section 24-9-45, relating to use for educational purposes not precluded.

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(9) By striking towards and inserting in lieu thereof toward in Code Section 24-9-68, relating to witness's feelings and relationship to parties provable. (10) By striking originals, deeds, maps, and inserting in lieu thereof original deeds, maps, in Code Section 24-10-7, relating to withdrawal of originals introduced in evidence, substitution of copies, and discretion of court. (11) By striking by fine not and inserting in lieu thereof by a fine not in subsection (a) of Code Section 24-10-25, relating to enforcement of subpoenas, continuance, secondary evidence of documents, etc. (12) By striking From and inserting in lieu thereof from in Code Section 24-10-90, relating to short title. (13) By striking eminent and inserting in lieu thereof imminent in paragraph (1) of subsection (b) of Code Section 24-10-130, relating to when deposition to preserve testimony in criminal proceedings may be taken and order of court. SECTION 25 . Reserved. SECTION 26 . Reserved. SECTION 27 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking Code Sections 45-12-150, 45-12-151, 45-12-152, and 45-12-155, in subsection (c) of Code Section 27-1-13, relating to disposition of funds received by the Department of Natural Resources, appropriations, and grants and donations for natural resources conservation camps. (2) By adding a comma following sold and deleting the comma following distributed in the second sentence of subsection (a) of Code Section 27-4-171, relating to bait dealers. (3) By striking College of Agriculture and inserting in lieu thereof College of Agricultural and Environmental Sciences in paragraph (3) of subsection (a) of Code Section 27-4-253, relating to the creation of the Aquaculture Development Commission. SECTION 28 . Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows:

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(1) By striking Corrections and inserting in lieu thereof Corrections, Correctional Institutions and Property in paragraph (3) of subsection (a) of Code Section 28-8-1, relating to creation, membership, term of office, and vacancies and meetings, election of officers, and expenses of the Georgia Criminal Justice Improvement Council. SECTION 29 . Reserved. SECTION 30 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows: (1) By striking that paragraph (1), and inserting in lieu thereof paragraph (1) of this subsection, in paragraph (1.1) of subsection (b) of Code Section 30-4-1, relating to right to equal public accommodations and right to be accompanied by guide dog or service dog. SECTION 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By deleting , except for hearings governed under subsection (1) of Code Section 31-2-6 from subsection (a) of Code Section 31-5-2, relating to hearings before the Department of Human Resources. (2) By deleting and at the end of paragraph (1) of subsection (e) of Code Section 31-39-4, relating to persons authorized to issue order not to resuscitate. SECTION 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking width does and inserting in lieu thereof widths do in paragraph (2) of subsection (c) of Code Section 32-6-28, relating to permits for excess weight and dimensions. SECTION 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking paragraph (2) and inserting in lieu thereof paragraph (3) in subsection (f) of Code Section 33-47-5, relating to insurers' oversight responsibilities. SECTION 34 . Reserved.

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SECTION 35 . Reserved. SECTION 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking Urban and County Affairs and inserting in lieu thereof State and Local Governmental Operations in Code Section 36-20-9, relating to report on accomplishments of Georgia County Leadership Academy. (2) By striking Urban and County Affairs and inserting in lieu thereof State and Local Governmental Operations in Code Section 36-45-9, relating to report on accomplishments of Georgia Municipal Training Institute. (3) By codifying Section 6 of Ga. L. 1994, p. 1083, enacted at the 1994 regular session of the General Assembly as paragraph (5) of subsection (d) of Code Section 36-81-7, relating to requirement of audits, conduct of audits, audit reports, forwarding of audits to the state auditor, and availability of copies of audits for public inspection, which reads as follows: No state agency shall make or transmit any state grant funds to any local government which has failed to provide all the audits required by law within the preceding five years. (4) By striking Urban and County Affairs and inserting in lieu thereof State and Local Governmental Operations in subsection (e) of Code Section 36-81-8, relating to annual local government finances reports and local independent authority indebtedness reports, assistance by the Department of Community Affairs, and coordination of technical assistance efforts by the department. (5) By striking Urban and County Affairs and inserting in lieu thereof State and Local Governmental Operations in subsection (c) of Code Section 36-86-4, relating to local government efficiency grant program established, grant categories, rules and regulations, budget process, and efficiency assessments. SECTION 37 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By striking Chapter 1 and inserting in lieu thereof this chapter in subsection (c) of Code Section 37-1-2, relating to legislative findings as to mental health, mental retardation, and substance abuse problems and services.

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(2) By striking in referenda. and inserting in lieu thereof in referendums. in the introductory language of Code Section 37-3-144, relating to patients' right to vote. (3) By striking first class mail and inserting in lieu thereof first-class mail in subsection (d) of Code Section 37-3-147, relating to appointment of patient representatives and guardians ad litem. (4) By adding Code preceding section in the last sentence of Code Section 37-3-150, relating to right of patients, their representatives, or attorneys to appeal orders of probate court, juvenile court, or hearing examiner. (5) By striking in referenda. and inserting in lieu thereof in referendums. in the introductory language of Code Section 37-4-104, relating to clients' right to vote. (6) By inserting Code preceding section in the last sentence of Code Section 37-4-110, relating to right of clients, their representatives, or attorneys to appeal order of probate court, juvenile court, or hearing examiner. (7) By striking in referenda. and inserting in lieu thereof in referendums. in the introductory language of Code Section 37-7-144, relating to patients' right to vote. (8) By inserting Code preceding section in the last sentence of Code Section 37-7-150, relating to right of patients, their representatives, or attorneys to appeal orders of probate court, juvenile court, or hearing examiner. (9) By adding laws of this state, the record shall be produced in preceding response in paragraph (7) of subsection (a) of Code Section 37-7-166, relating to maintenance, confidentiality, and release of clinical records and disclosure of confidential or privileged patient information. SECTION 38 . Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) By striking 38-2-553, and 38-2-574 through and inserting in lieu thereof 38-2-553, this Code section, and Code Sections 38-2-575 and in Code Section 38-2-574, relating to Code sections to be explained to enlisted personnel. (2) By adding a comma following 2011 in paragraph (2) of Code Section 38-3-3, relating to definitions under the Georgia Emergency Management Act of 1981. SECTION 39 . Reserved.

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SECTION 40 . Reserved. SECTION 41 . Reserved. SECTION 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking Corrections and inserting in lieu thereof Corrections, Correctional Institutions and Property in paragraph (3) of subsection (e) of Code Section 42-5-53, relating to establishment of county correctional institutions, supervision by department, quota of inmates, funding, and confinement and withdrawal of inmates. SECTION 43 . Reserved. SECTION 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking the above, and inserting in lieu thereof any other provisions of this subsection, in subsection (a) and by striking paragraph and inserting in lieu thereof subsection in subsection (b) of Code Section 44-3-226, relating to amendment of instrument and presumption of validity in court action. (2) By striking Mail and inserting in lieu thereof mail in Code Section 44-3-230, relating to frequency of association meetings and notice. (3) By striking this Code Section and inserting in lieu thereof this Code section both times it appears in subsection (e) of Code Section 44-3-232, relating to assessments against lot owners as constituting lien in favor of association, additional charges against lot owners, procedure for foreclosing lien, and obligation to provide statement of amounts due. SECTION 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking general appropriations and inserting in lieu thereof General Appropriations in subsection (b) of Code Section 45-7-4, relating to annual salaries of certain state officials and cost-of-living adjustments.

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(2) By codifying as subsection (f) of Code Section 45-12-178, relating to ongoing review by Governor through Office of Planning and Budget of all programs and functions of state government, Section 17 of Ga. L. 1993, p. 1914, not codified by the General Assembly, which reads as follows: Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Office of Planning and Budget, the Department of Audits, and the Budgetary Responsibility Oversight Committee. (3) By striking Governmental Operations and inserting in lieu thereof State and Local Governmental Operations in subsection (a) of Code Section 45-20-3.1, relating to rule-making procedure of the State Personnel Board. SECTION 46 . Reserved. SECTION 47 . Reserved. SECTION 48 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By striking hangered and inserting in lieu thereof hangared in subparagraph (e)(1)(B) of Code Section 48-5-16, relating to return of tangible personal property in county where business conducted, exemptions, boats, and aircraft. (2) By adding tax preceding collector of the County of in the first line of the oath in Code Section 48-5-121, relating to oath of office for tax collectors. (3) By striking in its entirety Code Section 48-5-232, relating to advertisement of county property tax assessment, and inserting in lieu thereof Reserved. (4) By striking his or her taxes and inserting in lieu thereof such taxpayer's taxes in subparagraph (g)(4)(B) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals. (5) By adding or after any certificate of registration, and by deleting the comma preceding shall be in paragraph (2) of subsection

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(a) of Code Section 48-5-444, relating to place of return of motor vehicles and mobile homes. (6) By striking property remain and inserting in lieu thereof property remains in paragraph (2) of subsection (c) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties and their conditions and limitations. (7) By striking but used and inserting in lieu thereof but not used in subsection (c) of Code Section 48-7-40.6, relating to tax credits for employers providing child care. (8) By striking week, who and inserting in lieu thereof week and who in paragraph (3) of subsection (a) of Code Section 48-7-41, relating to basic skills education program credits. (9) By striking taxpayer; provided that and inserting in lieu thereof taxpayer, provided that and by striking and provided further and inserting in lieu thereof provided, further, in subsection (c) and by striking any amended claims must and inserting in lieu thereof any amended claims, must in subsection (d) of Code Section 48-7A-3, relating to persons entitled to claim tax credit, tax credits schedule, tax credit claimed against tax liability, period for filing claim for credit, applicability to food stamp recipients, and authority of commissioner. (10) By striking the periods and inserting in lieu thereof semicolons at the end of subparagraphs (A) through (F) of paragraph (3), by striking the period and inserting in lieu thereof ; or at the end of subparagraph (G) of paragraph (3), by striking the period and inserting in lieu thereof ; or at the end of subparagraph (A) of paragraph (4), by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (A) of paragraph (6) and at the end of the undesignated paragraph following subparagraph (B) of paragraph (6), by striking the period and inserting in lieu thereof a semicolon at the end of subparagraphs (C) through (E) of paragraph (6), and by striking the period and inserting in lieu thereof ; or at the end of subparagraph (F) of paragraph (6) of Code Section 48-8-2, relating to definitions of state sales and use tax. (11) By striking 1980 decennial census and inserting in lieu thereof United States decennial census of 1980 twice in subparagraph (a)(1)(F) of Code Section 48-8-111, relating to procedure for imposition of tax, resolution or ordinance, notice to county election superintendent, and election. (12) By striking the effective date of this paragraph and inserting in lieu thereof April 19, 1994, in paragraph (3) of subsection (a) of Code Section 48-8-121, relating to use of proceeds and issuance of general obligation debt.

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(13) By striking 48-9-1 and inserting in lieu thereof 48-9-2 in subdivision (b)(7)(B)(ii)(II) of Code Section 48-9-3, relating to levy of excise tax, rate, taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on motor fuel by political subdivisions, exception, exempted sales by licensed distributors, and exemption of motor fuel used for nonhighway purposes. (14) By striking one time fee and inserting in lieu thereof one-time fee in subsection (b) of Code Section 48-10-2, relating to annual license fees for operation of vehicles and fee for permanent licensing of certain trailers. (15) By adding subsection (a) of preceding Code and by adding (a) preceding (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) in Code Section 48-10-6, relating to transfers of annual licenses and plates to certain other vehicles, application and fee, and payment of additional fee when substituted vehicle required to have higher-priced plate. (16) By adding subsection (a) of preceding Code and by adding (a) preceding (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) in Code Section 48-10-7, relating to rate of annual license fee for certain vehicles registered during specified parts of year. (17) By adding (a) preceding (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) in Code Section 48-10-14, relating to decrease of allowable maximum weight (license class) for trucks and tractors, time, and certain trucks not entitled to partial year license. (18) By striking Chapter 8 of Title 48 and inserting in lieu thereof Chapter 8 of this title in paragraph (3) of subsection (a), by striking (within the the territorial and inserting in lieu thereof (within the territorial in paragraph (5.1) of subsection (a), and by striking the internal designations (A) and (B) and redesignating them as (i) and (ii), respectively, in subparagraph (a)(9)(B) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows. (19) By striking Property Tax Amnesty Program and inserting in lieu thereof property tax amnesty program both times it appears in subsection (a) of Code Section 48-16A-4, relating to development and administration of program, waiver of penalties, duration of program, and forms. (20) By adding a comma following the word football in division (2)(A)(x) and by striking table and inserting in lieu thereof tables both times it appears in division (2)(A)(xviii) of Code Section 48-17-1, relating to definitions of coin operated amusement machines.

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(21) By striking an sixth and inserting in lieu thereof a sixth in subparagraph (a)(1)(B) of Code Section 48-17-2, relating to license fees, issuance of license, display of license, control number, duplicate certificates, and application for license or renewal. SECTION 49 . Reserved. SECTION 50 . Reserved. SECTION 51 . Reserved. SECTION 52 . Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) By striking dock-related and inserting in lieu thereof dock related in subsection (b) of Code Section 52-2-10, relating to applicability of traffic laws to roads within Georgia Ports Authority's jurisdiction. (2) By striking in their discretion and inserting in lieu thereof in its discretion in Code Section 52-5-8, relating to manner of payment for stock, auction sale of stock upon default by subscriber, and giving delinquent subscriber notice of auction sale. (3) By deleting the comma following vessel in paragraph (19) of Code Section 52-7-3, relating to definitions of registration, operation, and sale of watercraft. (4) By striking over which such person and inserting in lieu thereof over whom such person in subsections (m) and (n) of Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft. (5) By striking ten point and inserting in lieu thereof ten-point wherever it appears in Code Section 52-7-11, relating to lights on vessels. (6) By striking being towed is wearing and inserting in lieu thereof being towed are wearing in subsection (b) of Code Section 52-7-16, relating to towing persons on water skis, aquaplanes, surfboards, etc. (7) By striking ahd and inserting in lieu thereof and in paragraph (1) of subsection (b) of Code Section 52-7-19, relating to regattas, boat races, marine parades, tournaments, and exhibitions. SECTION 53 . Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended as follows:

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(1) By striking acknowlegement and inserting in lieu thereof acknowledgment in subsection (a) of Code Section 53-3-61, relating to form and verification of petition for order vacating, etc., earlier probate and service of notice. SECTION 54 . Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1994 supplements to the Official Code of Georgia Annotated published under authority of the state in 1994 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act 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. The provisions contained in other sections of this Act and in the other Acts enacted at the 1995 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

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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 February 21, 1995. RETIREMENT AND PENSIONS CODE REVISION; CORRECTIONS. Code Title 47 Amended. No. 5 (House Bill No. 278). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking subparagraph (D) of paragraph (1) of subsection (a) and inserting in lieu thereof subparagraph (a)(1)(D) in paragraph (7) of Code Section 47-7-1, relating to definitions relative to the Georgia Firemen's Pension Fund. (2) By striking Article 6 and inserting in lieu thereof Article 5 in paragraph (1) of subsection (b) of Code Section 47-9-22, relating to the powers and duties of the board of trustees of the Superior Court Judges Retirement System. (3) By striking the time subsection (k) of this Code section became effective as law, and inserting in lieu thereof November 1, 1982, in paragraph (1) of subsection (l) of Code Section 47-9-73, relating to spouses benefits coverage, amount of benefits, contributions, rejection, and effect of death of member before retirement, death of spouse, or other termination of marriage under the Superior Court Judges Retirement System.

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(4) By adding a comma following July 1, 1994 in subsection (c) of Code Section 47-16-41, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia and credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer. (5) By adding Georgia preceding Peace Officer in subparagraph (K) of paragraph (5) of Code Section 47-17-1, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund. (6) By striking 10 years and inserting in lieu thereof ten years both times it appears in subsection (a) of Code Section 47-17-44, relating to amount of dues, deadline and minimum period for payments, dues required for credit for service after March 1, 1951, and dues required for prior service credit under the Peace Officers' Annuity and Benefit Fund. (7) By striking 10 years and inserting in lieu thereof ten years everywhere it appears in subsections (b), (f), and (i) of Code Section 47-17-80, relating to retirement benefit options, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on death of member under the Peace Officers' Annuity and Benefit Fund. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 21, 1995. APPROPRIATIONS SUPPLEMENTAL; S.F.Y. 1994-1995. No. 6 (House Bill No. 201). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the General Appropriations Act, approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the General Appropriations Act approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 87, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995. PART I . LEGISLATIVE BRANCH Section 1. General Assembly . Budget Unit: General Assembly $ 24,203,650 Personal Services - Staff $ 12,380,319 Personal Services - Elected Officials $ 3,809,504 Regular Operating Expenses $ 2,779,448 Travel - Staff $ 104,500 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 267,500 Computer Charges $ 488,000 Real Estate Rentals $ 5,000 Telecommunications $ 656,000 Per Diem, Fees and Contracts - Staff $ 113,970 Per Diem, Fees and Contracts - Elected Officials $ 2,389,609 Photography $ 70,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 24,203,650 State Funds Budgeted $ 24,203,650 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,559,136 $ 3,559,136 Lt. Governor's Office $ 707,675 $ 707,675 Secretary of the Senate's Office $ 1,172,625 $ 1,172,625 Total $ 5,439,436 $ 5,439,436

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House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 9,264,912 $ 9,264,912 Speaker of the House's Office $ 517,887 $ 517,887 Clerk of the House's Office $ 1,371,270 $ 1,371,270 Total $ 11,154,069 $ 11,154,069 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,466,165 $ 2,466,165 Legislative Fiscal Office $ 2,140,263 $ 2,140,263 Legislative Budget Office $ 1,029,240 $ 1,029,240 Ancillary Activities $ 1,974,477 $ 1,974,477 Total $ 7,610,145 $ 7,610,145 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly

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and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 17,463,512 Personal Services $ 14,245,693 Regular Operating Expenses $ 428,820 Travel $ 560,650 Motor Vehicle Purchases $ 105,102 Equipment $ 143,980 Real Estate Rentals $ 852,070 Per Diem, Fees and Contracts $ 34,000 Computer Charges $ 958,197 Telecommunications $ 135,000 Total Funds Budgeted $ 17,463,512 State Funds Budgeted $ 17,463,512 PART II . JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 5,433,395 Personal Services $ 4,594,033 Operating Expenses $ 1,485,605 Total Funds Budgeted $ 6,079,638 State Funds Budgeted $ 5,433,395 Section 4. Court of Appeals . Budget Unit: Court of Appeals. $ 6,269,416 Personal Services $ 5,615,839 Operating Expenses $ 703,577

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Total Funds Budgeted $ 6,319,416 State Funds Budgeted $ 6,269,416 Section 5. Superior Courts . Budget Unit: Superior Courts $ 49,854,885 Operation of the Courts $ 48,643,442 Prosecuting Attorneys' Council $ 1,969,089 Sentence Review Panel $ 168,158 Council of Superior Court Judges $ 135,417 Judicial Administrative Districts $ 1,242,858 Total Funds Budgeted $ 52,158,964 State Funds Budgeted $ 49,854,885 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 1,023,530 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 652,490 Institute's Operations $ 513,260 Georgia Magistrate Courts Training Council $ 139,230 Total Funds Budgeted $ 652,490 State Funds Budgeted $ 652,490 Section 8. Judicial Council . Budget Unit: Judicial Council $ 1,624,442 Council Operations $ 1,084,686 Case Counting $ 76,500 Board of Court Reporting $ 70,756 Payment to Council of Magistrate Court Judges $ 26,700 Payment to Council of Probate Court Judges $ 20,000 Payment to Council of State Court Judges $ 12,000 Payment to Council of Superior Court Clerks $ 33,800 Payment to Resource Center $ 300,000 Total Funds Budgeted $ 1,624,442 State Funds Budgeted $ 1,624,442 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 178,808 Section 10. Indigent Defense Council . Budget Unit: Indigent Defense Council $ 2,000,000

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Section 11. Georgia Courts Automation Commission . Budget Unit: Georgia Courts Automation Commission $ 1,244,331 Operating Expenses $ 588,985 Computerized Information Network $ 655,346 Total Funds Budgeted $ 1,244,331 State Funds Budgeted $ 1,244,331 PART III . EXECUTIVE BRANCH Section 12. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 36,270,264 Personal Services $ 43,824,810 Regular Operating Expenses $ 21,235,865 Travel $ 280,959 Motor Vehicle Purchases $ 174,200 Equipment $ 1,977,376 Computer Charges $ 17,163,683 Real Estate Rentals $ 2,974,021 Telecommunications $ 1,418,982 Per Diem, Fees and Contracts $ 4,287,065 Rents and Maintenance Expense $ 11,305,000 Utilities $ 46,500 Payments to DOAS Fiscal Administration $ 2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 500,000 Direct Payments to Georgia Building Authority for Operations $ 300,000 Telephone Billings $ 52,950,576 Radio Billings $ 760,712 Materials for Resale $ 21,000,000 Public Safety Officers Indemnity Fund $ 250,000 Health Planning Review Board Operations $ 35,000 Total Funds Budgeted $ 183,234,749 State Funds Budgeted $ 36,270,264 Departmental Functional Budgets Total Funds State Funds Executive Administration $ 1,437,648 $ 619,823 Departmental Administration $ 2,871,076 $ 2,746,241 Statewide Systems $ 11,025,460 $ 8,275,460

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Space Management $ 493,362 $ 493,362 Procurement Administration $ 2,856,088 $ 2,856,088 General Services $ 534,080 $ 0 Central Supply Services $ 17,435,092 $ 0 Data Processing Services $ 54,242,035 $ 13,766,925 Motor Vehicle Services $ 4,113,230 $ 0 Communication Services $ 73,737,518 $ 5,850,000 Printing Services $ 7,007,090 $ 0 Surplus Property $ 2,164,629 $ 0 Mail and Courier Services $ 1,265,067 $ 0 Risk Management $ 2,629,572 $ 239,563 State Properties Commission $ 470,332 $ 470,332 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 822,470 $ 822,470 Office of State Administrative Hearings $ 130,000 $ 130,000 Total $ 183,234,749 $ 36,270,264 B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 19,181,264 Regular Operating Expenses $ 5,476,388 Travel $ 34,984 Motor Vehicle Purchases $ 532,365 Equipment $ 387,088 Computer Charges $ 181,873 Real Estate Rentals $ 19,872 Telecommunications $ 215,974 Per Diem, Fees and Contracts $ 365,312 Capital Outlay $ 78,819 Utilities $ 8,555,906 Contractual Expense $ 297,608 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 35,327,453 State Funds Budgeted $ 0

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Departmental Functional Budgets Total Funds State Funds Grounds $ 1,397,971 $ 0 Custodial $ 5,756,661 $ 0 Maintenance $ 4,318,271 $ 0 Security $ 5,842,143 $ 0 Van Pool $ 383,665 $ 0 Sales $ 4,212,947 $ 0 Administration $ 11,899,822 $ 0 Railroad Excursions $ 1,515,973 $ 0 Facility Renovations $ 0 $ 0 Total $ 35,327,453 $ 0 Section 13. Agency for the Removal of Hazardous Materials . Budget Unit: Agency for the Removal of Hazardous Materials $ 111,759 Personal Services $ 92,559 Regular Operating Expenses $ 10,800 Travel $ 8,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 400 Per Diem, Fees and Contracts $ 0 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 111,759 State Funds Budgeted $ 111,759 Section 14. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 36,207,493 Personal Services $ 31,274,092 Regular Operating Expenses $ 4,153,363 Travel $ 896,000 Motor Vehicle Purchases $ 446,460 Equipment $ 391,082 Computer Charges $ 359,078 Real Estate Rentals $ 791,341 Telecommunications $ 402,901

Page 36

Per Diem, Fees and Contracts $ 957,050 Market Bulletin Postage $ 860,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,515,782 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,130,411 Veterinary Fees $ 412,000 Indemnities $ 127,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 623,860 Payments to Georgia Development Authority $ 250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 700,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 47,505,420 State Funds Budgeted $ 36,207,493 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 7,609,766 $ 6,828,766 Animal Industry $ 14,835,472 $ 11,955,967 Marketing $ 7,150,118 $ 3,475,053 Internal Administration $ 6,298,455 $ 6,051,855 Fuel and Measures $ 3,055,849 $ 2,930,849 Consumer Protection Field Forces $ 7,833,350 $ 4,965,003 Seed Technology $ 722,410 $ 0 Total $ 47,505,420 $ 36,207,493 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 839,425 Regular Operating Expenses $ 180,834

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Travel $ 7,514 Motor Vehicle Purchases $ 12,500 Equipment $ 8,155 Computer Charges $ 10,500 Real Estate Rentals $ 0 Telecommunications $ 7,420 Per Diem, Fees and Contracts $ 9,008 Capital Outlay $ 75,000 Goods for Resale $ 107,400 Total Funds Budgeted $ 1,257,756 State Funds Budgeted $ 0 Section 15. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 8,614,966 Personal Services $ 6,982,155 Regular Operating Expenses $ 384,985 Travel $ 392,080 Motor Vehicle Purchases $ 104,080 Equipment $ 26,730 Computer Charges $ 341,668 Real Estate Rentals $ 302,436 Telecommunications $ 70,832 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 8,614,966 State Funds Budgeted $ 8,614,966 Section 16. Department of Children and Youth Services . Budget Unit: Department of Children and Youth Services $ 106,262,311 Personal Services $ 67,666,164 Regular Operating Expenses $ 5,141,198 Travel $ 842,638 Motor Vehicle Purchases $ 234,700 Equipment $ 375,195 Computer Charges $ 294,300 Real Estate Rentals $ 1,535,689 Telecommunications $ 773,264 Per Diem, Fees and Contracts $ 3,645,853 Utilities $ 2,144,400 Institutional Repairs and Maintenance $ 547,600 Grants to County-Owned Detention Centers $ 3,391,400 Service Benefits for Children $ 16,549,608 Purchase of Service Contracts $ 6,937,169 Capital Outlay $ 28,000 Total Funds Budgeted $ 110,107,178 State Funds Budgeted $ 106,262,311

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Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 23,906,913 $ 23,107,413 Milledgeville State YDC $ 11,244,103 $ 10,804,509 Augusta State YDC $ 8,743,519 $ 8,222,255 Atlanta State YDC $ 5,002,303 $ 4,779,805 Macon State YDC $ 5,033,614 $ 4,787,833 Court Services $ 14,811,181 $ 14,664,377 Community Treatment Centers $ 2,323,798 $ 2,323,798 Day Centers $ 414,977 $ 414,977 Group Homes $ 932,651 $ 932,651 Purchased Services $ 25,155,585 $ 24,355,585 Runaway Investigation/Interstate Compact $ 980,826 $ 980,826 Assessment and Classification $ 604,159 $ 604,159 Youth Services Administration $ 7,179,903 $ 7,179,903 Multi-Service Centers $ 3,773,646 $ 3,104,220 Total $ 110,107,178 $ 106,262,311 Section 17. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 37,267,402 Personal Services $ 7,571,713 Regular Operating Expenses $ 514,983 Travel $ 227,307 Motor Vehicle Purchases $ 12,000 Equipment $ 14,476 Computer Charges $ 189,980 Real Estate Rentals $ 549,166 Telecommunications $ 51,309 Per Diem, Fees and Contracts $ 2,898,783 ARC Revolving Loan Fund $ 105,923

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Contracts with Regional Development Commissions $ 2,272,825 Local Assistance Grants $ 4,282,890 Appalachian Regional Commission Assessment $ 94,731 Community Development Block Grants(Federal) $ 50,536,586 National and Community Service Program $ 580,883 Payments to Music Hall of Fame Authority $ 287,480 Payments to Sports Hall of Fame $ 100,000 Local Development Fund $ 750,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Housing Finance Authority $ 10,839,967 Payment to Georgia Environmental Facilities Authority $ 35,496,473 Regional Economic Business Assistance Grants $ 838,767 Local Government Efficiency Grant Program $ 750,000 State Commission on National and Community Service $ 180,000 Business Flood Disaster Recovery Program $ 4,000,000 EZ/EC Administration $ 120,000 Capital Felony Expenses $ 41,233 Total Funds Budgeted $ 127,932,475 State Funds Budgeted $ 37,267,402 Departmental Functional Budgets Total Funds State Funds Executive and Administrative Division $ 70,698,259 $ 32,304,787 Planning, Information and Management Division $ 4,060,162 $ 3,538,930 Business and Financial Assistance Division $ 53,174,054 $ 1,423,685 Total $ 127,932,475 $ 37,267,402 Section 18. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 645,362,073 Personal Services $ 449,778,437 Regular Operating Expenses $ 62,560,607 Travel $ 2,110,975

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Motor Vehicle Purchases $ 3,114,564 Equipment $ 4,169,710 Computer Charges $ 5,012,000 Real Estate Rentals $ 5,681,082 Telecommunications $ 5,822,295 Per Diem, Fees and Contracts $ 6,377,814 Capital Outlay $ 0 Utilities $ 20,547,180 Court Costs $ 1,500,000 County Subsidy $ 13,928,400 County Subsidy for Jails $ 7,425,378 County Workcamp Construction Grants $ 0 Central Repair Fund $ 886,000 Payments to Central State Hospital for Meals $ 3,985,806 Payments to Central State Hospital for Utilities $ 1,340,100 Payments to Public Safety for Meals $ 459,900 Inmate Release Fund $ 1,400,000 Health Services Purchases $ 54,967,153 Payments to MAG for Health Care Certification $ 60,400 University of Georgia - College of Veterinary Medicine Contracts $ 352,357 Minor Construction Fund $ 0 Total Funds Budgeted $ 651,480,158 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 645,362,073 Departmental Functional Budgets Total Funds State Funds Administration $ 69,782,574 $ 68,031,464 Institutions and Support $ 474,829,030 $ 473,729,471 Probation $ 106,868,554 $ 103,601,138 Total $ 651,480,158 $ 645,362,073 B. Budget Unit: Board of Pardons and Paroles $ 38,857,656 Personal Services $ 31,597,996 Regular Operating Expenses $ 1,281,630 Travel $ 648,400 Motor Vehicle Purchases $ 273,500 Equipment $ 167,500 Computer Charges $ 428,130 Real Estate Rentals $ 2,715,000

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Telecommunications $ 838,000 Per Diem, Fees and Contracts $ 252,500 County Jail Subsidy $ 650,000 Health Services Purchases $ 5,000 Total Funds Budgeted $ 38,857,656 State Funds Budgeted $ 38,857,656 Section 19. Department of Defense . Budget Unit: Department of Defense $ 5,068,471 Personal Services $ 7,478,958 Regular Operating Expenses $ 5,009,530 Travel $ 24,100 Motor Vehicle Purchases $ 0 Equipment $ 24,500 Computer Charges $ 12,900 Real Estate Rentals $ 10,000 Telecommunications $ 323,245 Per Diem, Fees and Contracts $ 563,400 Capital Outlay $ 0 Total Funds Budgeted $ 13,446,633 State Funds Budgeted $ 5,068,471 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,342,098 $ 2,217,821 Georgia Air National Guard $ 4,604,969 $ 533,129 Georgia Army National Guard $ 6,499,566 $ 2,317,521 Total $ 13,446,633 $ 5,068,471 Section 20. State Board of Education Department of Education . A. Budget Unit: Department of Education Operations: $ 3,507,612,104 Personal Services $ 39,154,117 Regular Operating Expenses $ 4,745,586 Travel $ 1,201,316 Motor Vehicle Purchases $ 138,000 Equipment $ 370,756 Computer Charges $ 12,394,935 Real Estate Rentals $ 1,495,141 Telecommunications $ 1,286,462 Per Diem, Fees and Contracts $ 26,397,802 Utilities $ 895,752 Capital Outlay $ 25,000

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QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 775,391,628 Grades 4 - 8 $ 735,657,774 Grades 9 - 12 $ 286,005,522 High School Laboratories $ 151,108,426 Vocational Education Laboratories $ 104,603,623 Special Education $ 299,194,977 Gifted $ 43,433,599 Remedial Education $ 65,783,964 Staff Development and Professional Development $ 29,835,699 Media $ 89,791,383 Indirect Cost $ 615,158,563 Pupil Transportation $ 129,809,130 Local Fair Share $ (635,201,965) Mid-Term Adjustment Reserve $ 71,434,084 Teacher Salary Schedule Adjustment $ 116,088,958 Other Categorical Grants: Equalization Formula $ 149,778,370 Sparsity Grants $ 3,609,604 In School Suspension $ 20,872,296 Special Instructional Assistance $ 57,066,117 Middle School Incentive $ 64,049,932 Special Education Low - Incidence Grants $ 416,000 Non-QBE Grants: Education of Children of Low-Income Families $ 198,714,081 Retirement (H.B. 272 and H.B. 1321) $ 4,950,000 Instructional Services for the Handicapped $ 51,519,023 Tuition for the Multi-Handicapped $ 1,841,080 Severely Emotionally Disturbed $ 37,229,829 School Lunch (Federal) $ 165,074,766 School Lunch (State) $ 24,658,747 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,500,000 Regional Education Service Agencies $ 7,001,200 Georgia Learning Resources System $ 3,300,462 High School Program $ 25,655,564 Special Education in State Institutions $ 4,265,569 Governor's Scholarships $ 2,972,200 Counselors $ 6,448,277 Vocational Research and Curriculum $ 293,213 Even Start $ 1,422,160 Salaries and Travel of Public Librarians $ 10,760,927 Public Library Materials $ 5,151,409 Talking Book Centers $ 934,522 Public Library M O $ 4,039,395 Child Care Lunch Program (Federal) $ 37,880,233

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Chapter II - Block Grant Flow Through $ 10,019,305 Payment of Federal Funds to Board of Technical and Adult Education $ 17,093,803 Education of Homeless Children/Youth $ 540,250 Innovative Programs $ 2,349,999 Next Generation School Grants $ 500,000 Limited English-Speaking Students Program $ 8,601,007 Drug Free School (Federal) $ 12,505,800 At Risk Summer School Program $ 4,691,270 Emergency Immigrant Education Program $ 312,864 Title II Math/Science Grant (Federal) $ 4,806,083 Robert C. Byrd Scholarship (Federal) $ 513,000 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 99,047,892 Pre-School Handicapped Program $ 14,602,242 Mentor Teachers $ 1,250,000 Nutrition Education $ 169,893 Advanced Placement Exams $ 1,771,560 Serve America Program $ 356,000 Family Connection Grants $ 2,575,000 Youth Apprenticeship Grants $ 2,000,000 Remedial Summer School $ 1,876,182 Alternative Programs $ 7,250,000 Superintendent's Base Salary $ 1,130,820 Environmental Science Grants $ 100,000 Pay for Performance $ 1,048,000 Total Funds Budgeted $ 4,052,716,178 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,507,612,104 Departmental Functional Budgets Total Funds State Funds State Administration $ 14,096,468 $ 13,568,000 Instructional Services $ 25,840,170 $ 20,965,921 Governor's Honors Program $ 1,196,467 $ 1,105,305 Administrative Services $ 23,194,362 $ 18,558,569 Special Services $ 6,444,528 $ 2,995,189 Professional Practices Commission $ 837,039 $ 837,039 Local Programs $ 3,964,961,311 $ 3,434,360,237

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Georgia Academy for the Blind $ 4,772,121 $ 4,537,530 Georgia School for the Deaf $ 6,533,109 $ 6,319,884 Atlanta Area School for the Deaf $ 4,840,603 $ 4,364,430 Total $ 4,052,716,178 $ 3,507,612,104 B. Budget Unit: Lottery for Education $ 233,670,773 Pre-Kindergarten for 4-year-olds $ 78,215,000 Applied Technology Labs $ 13,600,000 Next Generation Schools $ 500,000 Drug and Anti-Violence Education $ 1,000,000 Alternative Programs $ 8,500,000 Educational Technology Centers $ 900,000 Distant Learning - Satellite Dishes $ 4,221,839 Model Technology Schools $ 10,500,000 Instructional Technology $ 31,238,000 Capital Outlay - Lottery $ 61,405,934 Technology Installation $ 18,990,000 Postsecondary Options $ 600,000 Safe Schools Grant $ 4,000,000 Total Funds Budgeted $ 233,670,773 Lottery Funds Budgeted $ 233,670,773 Section 21. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 2,880,000 Personal Services $ 1,582,338 Regular Operating Expenses $ 337,000 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 13,113 Computer Charges $ 532,528 Real Estate Rentals $ 302,000 Telecommunications $ 24,886 Per Diem, Fees and Contracts $ 1,091,500 Benefits to Retirees $ 2,880,000 Total Funds Budgeted $ 6,783,865 State Funds Budgeted $ 2,880,000 Section 22. Forestry Commission . Budget Unit: Forestry Commission $ 34,884,307 Personal Services $ 29,005,181 Regular Operating Expenses $ 5,472,475 Travel $ 150,185 Motor Vehicle Purchases $ 1,265,696 Equipment $ 1,682,392 Computer Charges $ 300,200

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Real Estate Rentals $ 52,455 Telecommunications $ 951,378 Per Diem, Fees and Contracts $ 475,898 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 258,219 Total Funds Budgeted $ 39,704,079 State Funds Budgeted $ 34,884,307 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,939,405 $ 112,110 Field Services $ 33,714,258 $ 30,889,936 General Administration and Support $ 4,050,416 $ 3,882,261 Total $ 39,704,079 $ 34,884,307 Section 23. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 42,525,824 Personal Services $ 31,473,300 Regular Operating Expenses $ 2,883,971 Travel $ 701,306 Motor Vehicle Purchases $ 1,051,110 Equipment $ 909,723 Computer Charges $ 1,542,393 Real Estate Rentals $ 1,901,552 Telecommunications $ 774,816 Per Diem, Fees and Contracts $ 748,250 Evidence Purchased $ 539,403 Capital Outlay $ 0 Total Funds Budgeted $ 42,525,824 State Funds Budgeted $ 42,525,824 Departmental Functional Budgets Total Funds State Funds Administration $ 3,372,654 $ 3,372,654 Drug Enforcement $ 9,952,847 $ 9,952,847 Investigative $ 13,636,759 $ 13,636,759

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Georgia Crime Information Center $ 6,899,244 $ 6,899,244 Forensic Sciences $ 8,664,320 $ 8,664,320 Total $ 42,525,824 $ 42,525,824 Section 24. Office of the Governor . A. Budget Unit: Office of the Governor $ 74,358,127 Personal Services $ 14,362,550 Regular Operating Expenses $ 774,478 Travel $ 282,444 Motor Vehicle Purchases $ 0 Equipment $ 277,596 Computer Charges $ 628,207 Real Estate Rentals $ 1,001,739 Telecommunications $ 332,361 Per Diem, Fees and Contracts $ 4,061,643 Cost of Operations $ 3,309,094 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 4,593,000 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 3,007,357 Art Grants of Non-State Funds $ 359,004 Humanities Grant - State Funds $ 60,000 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,112,317 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 Grants - Local EMA $ 1,044,200 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Flood - Federal Match $ 37,895,000 Flood - Contingency $ 7,000,000 Total Funds Budgeted $ 81,441,365 State Funds Budgeted $ 74,358,127 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 53,002,094 $ 53,002,094 Office of Fair Employment Practices $ 933,483 $ 795,474 Office of Planning and Budget $ 6,743,286 $ 6,743,286

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Council for the Arts $ 4,244,865 $ 3,462,865 Office of Consumer Affairs $ 2,533,565 $ 2,533,565 Vocational Education Advisory Council $ 352,830 $ 85,404 Office of Consumers' Utility Council $ 558,546 $ 558,546 Criminal Justice Coordinating Council $ 1,548,110 $ 399,959 Children and Youth Coordinating Council $ 1,802,768 $ 513,268 Human Relations Commission $ 306,827 $ 306,827 Professional Standards Commission $ 3,741,288 $ 3,741,288 Georgia Emergency Management Agency $ 5,444,555 $ 1,986,403 Office of State Olympic Coordination $ 229,148 $ 229,148 Total $ 81,441,365 $ 74,358,127 B. Budget Unit: Lottery for Education $ 2,000,000 Technology Grants $ 2,000,000 Total Funds Budgeted $ 2,000,000 Lottery Funds Budgeted $ 2,000,000 Section 25. Department of Human Resources . A. Budget Unit: Departmental Operations $ 657,009,864 1. General Administration and Support Budget: Personal Services $ 58,227,613 Regular Operating Expenses $ 2,028,224 Travel $ 1,335,946 Motor Vehicle Purchases $ 1,554,768 Equipment $ 162,642 Real Estate Rentals $ 4,961,394 Per Diem, Fees and Contracts $ 1,055,879 Computer Charges $ 1,383,234 Telecommunications $ 653,236 Special Purpose Contracts $ 244,000 Service Benefits for Children $ 36,680,558 Purchase of Service Contracts $ 35,021,311

Page 48

Institutional Repairs and Maintenance $ 67,500 Postage $ 961,336 Payments to DMA-Community Care $ 13,913,085 Total Funds Budgeted $ 158,250,726 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 96,637,424 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 973,240 $ 973,240 Budget Administration $ 2,094,214 $ 2,094,214 Office of Children and Youth $ 36,680,558 $ 25,131,709 Administrative Support Services $ 27,921,053 $ 26,343,846 Facilities Management $ 5,606,386 $ 4,485,460 Administrative Appeals $ 2,012,276 $ 2,012,276 Regulatory Services - Program Direction and Support $ 868,680 $ 858,680 Child Care Licensing $ 2,859,304 $ 2,859,304 Health Care Facilities Regulation $ 9,232,991 $ 2,558,166 Fraud and Abuse $ 6,080,909 $ 2,275,651 Financial Services $ 5,638,547 $ 5,438,547 Auditing Services $ 1,805,459 $ 1,805,459 Personnel Administration $ 1,719,924 $ 1,719,924 Indirect Cost $ 0 $ (8,030,399) Public Affairs $ 516,081 $ 516,081 Aging Services $ 52,552,209 $ 23,986,371 State Health Planning Agency $ 1,688,895 $ 1,608,895 Total $ 158,250,726 $ 96,637,424

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2. Public Health Budget: Personal Services $ 54,005,810 Regular Operating Expenses $ 74,953,069 Travel $ 957,489 Motor Vehicle Purchases $ 0 Equipment $ 198,517 Real Estate Rentals $ 1,226,139 Per Diem, Fees and Contracts $ 5,003,051 Computer Charges $ 1,046,759 Telecommunications $ 747,866 Crippled Children's Benefits $ 8,131,654 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 0 Family Planning Benefits $ 653,222 Crippled Children's Clinics $ 0 Special Purpose Contracts $ 672,246 Purchase of Service Contracts $ 11,800,246 Grant-In-Aid to Counties $ 96,898,979 Institutional Repairs and Maintenance $ 34,500 Postage $ 139,801 Grants for Regional Maternal and Infant Care $ 821,135 Total Funds Budgeted $ 260,938,483 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 138,242,242 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 11,778,753 $ 11,649,078 Newborn Follow-Up Care $ 1,215,549 $ 970,020 Dental Health $ 1,384,187 $ 1,174,012 Stroke and Heart Attack Prevention $ 2,093,863 $ 1,563,863 Sickle Cell, Vision and Hearing $ 4,153,698 $ 3,757,396 High-Risk Pregnant Women and Infants $ 5,298,173 $ 5,186,173 Sexually Transmitted Diseases $ 2,725,256 $ 326,612 Family Planning $ 8,798,317 $ 4,481,255

Page 50

Malnutrition $ 78,171,909 $ 0 Grant in Aid to Counties $ 55,093,982 $ 54,237,982 Children's Medical Services $ 13,394,935 $ 6,734,211 Emergency Health $ 2,863,683 $ 1,807,135 Primary Health Care $ 1,716,889 $ 1,588,858 Epidemiology $ 539,785 $ 400,650 Immunization $ 958,300 $ 0 Community Tuberculosis Control $ 6,512,513 $ 5,257,908 Maternal and Child Health Management $ 1,071,457 $ 741,805 Infant and Child Health $ 1,397,111 $ 561,596 Maternal Health - Perinatal $ 1,958,714 $ 847,523 Chronic Disease $ 978,633 $ 978,633 Diabetes $ 515,002 $ 515,002 Cancer Control $ 4,264,369 $ 4,264,369 Director's Office $ 855,244 $ 658,019 Employees' Health $ 303,499 $ 303,499 Health Program Management $ 1,879,236 $ 1,745,635 Vital Records $ 1,833,430 $ 1,609,737 Health Services Research $ 1,213,030 $ 990,212 Environmental Health $ 979,000 $ 802,907 Laboratory Services $ 5,355,679 $ 5,235,679 Community Care $ 3,955,146 $ 1,504,262 Community Health Management $ 465,163 $ 285,714 Aids $ 7,945,713 $ 4,131,724 Vaccines $ 11,462,507 $ 1,474,809

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Drug and Clinic Supplies $ 3,220,025 $ 2,485,942 Adolescent Health $ 3,051,019 $ 1,990,259 Public Health - Planning Councils $ 172,330 $ 155,178 Early Intervention $ 11,362,384 $ 9,360,303 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 260,938,483 $ 138,242,242 3. Rehabilitation Services Budget: Personal Services $ 68,784,363 Regular Operating Expenses $ 11,108,532 Travel $ 1,128,735 Motor Vehicle Purchases $ 63,700 Equipment $ 528,325 Real Estate Rentals $ 4,176,935 Per Diem, Fees and Contracts $ 7,661,196 Computer Charges $ 2,769,298 Telecommunications $ 1,541,468 Case Services $ 24,908,151 E.S.R.P. Case Services $ 27,675 Special Purpose Contracts $ 692,387 Purchase of Services Contracts $ 9,359,186 Institutional Repairs and Maintenance $ 208,554 Utilities $ 912,445 Postage $ 753,068 Total Funds Budgeted $ 134,624,018 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 22,407,349 Departmental Functional Budgets Total Funds State Funds District Field Services $ 45,453,275 $ 9,104,662 Independent Living $ 863,713 $ 581,518 Sheltered Employment $ 1,709,209 $ 793,009 Community Facilities $ 8,208,236 $ 3,234,533 State Rehabilitation Facilities $ 6,473,709 $ 1,359,940 Diversified Industries of Georgia $ 789,944 $ 0

Page 52

Program Direction and Support $ 4,007,700 $ 1,268,731 Grants Management $ 701,682 $ 701,682 Disability Adjudication $ 32,188,837 $ 0 Georgia Factory for Blind $ 12,120,947 $ 861,387 Roosevelt Warm Springs Institute $ 22,106,766 $ 4,501,887 Total $ 134,624,018 $ 22,407,349 4. Family and Children Services Budget: Personal Services $ 42,360,429 Regular Operating Expenses $ 3,904,938 Travel $ 1,061,201 Motor Vehicle Purchases $ 0 Equipment $ 346,677 Real Estate Rentals $ 2,621,550 Per Diem, Fees and Contracts $ 23,632,027 Computer Charges $ 26,885,420 Telecommunications $ 4,068,732 Children's Trust Fund Grants $ 0 Children's Trust Fund $ 2,051,000 Cash Benefits $ 442,405,256 Special Purpose Contracts $ 4,372,441 Service Benefits for Children $ 177,382,281 Purchase of Service Contracts $ 14,920,085 Postage $ 3,844,413 Grants to County DFACS - Operations $ 275,638,099 Total Funds Budgeted $ 1,025,494,549 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 399,722,849 Departmental Functional Budgets Total Funds State Funds Director's Office $ 511,332 $ 511,332 Social Services $ 4,118,470 $ 3,740,286 Administrative Support $ 6,541,924 $ 5,355,639 Quality Assurance $ 3,745,413 $ 3,745,413 Community Services $ 11,611,153 $ 858,784 Field Management $ 1,098,176 $ 1,098,176

Page 53

Human Resources Management $ 2,029,320 $ 1,847,863 Public Assistance $ 36,125,128 $ 17,676,179 Child Support Recovery $ 51,072,649 $ 2,615,249 AFDC Payments $ 428,846,561 $ 161,718,038 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,421 $ 0 Energy Benefits $ 11,613,174 $ 0 County DFACS Operations - Eligibility $ 105,907,520 $ 53,010,761 County DFACS Operations - Social Services $ 89,656,998 $ 31,779,142 Food Stamp Issuance $ 3,053,351 $ 0 County DFACS Operations - Homemakers Services $ 7,688,443 $ 2,257,516 County DFACS Operations - Joint and Administration $ 60,219,348 $ 28,490,604 County DFACS Operations - Employability Program $ 12,165,790 $ 4,589,157 Employability Benefits $ 26,196,997 $ 10,841,651 Legal Services $ 2,884,700 $ 1,762,504 Family Foster Care $ 32,999,018 $ 21,898,980 Institutional Foster Care $ 8,399,105 $ 6,725,777 Specialized Foster Care $ 2,198,812 $ 1,920,404 Adoption Supplement $ 9,538,644 $ 7,256,644 Prevention of Foster Care $ 10,345,743 $ 6,008,762 Day Care $ 90,303,653 $ 27,236,623 Outreach - Contracts $ 152,058 $ 152,058 Special Projects $ 1,620,548 $ 1,595,766

Page 54

Children's Trust Fund Commission $ 0 $ 0 Children's Trust Fund $ 2,051,000 $ 2,051,000 Indirect Cost $ 0 $ (7,021,559) Total $ 1,025,494,549 $ 399,722,849 Budget Unit Object Classes: Personal Services $ 223,378,215 Regular Operating Expenses $ 91,994,763 Travel $ 4,483,371 Motor Vehicle Purchases $ 1,618,468 Equipment $ 1,236,161 Real Estate Rentals $ 12,986,018 Per Diem, Fees and Contracts $ 37,352,153 Computer Charges $ 32,084,711 Telecommunications $ 7,011,302 Crippled Children's Benefits $ 8,131,654 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 0 Family Planning Benefits $ 653,222 Case Services $ 24,908,151 E.S.R.P. Case Services $ 27,675 Crippled Children's Clinics $ 0 Children's Trust Fund Grants $ 0 Children's Trust Fund $ 2,051,000 Cash Benefits $ 442,405,256 Special Purpose Contracts $ 5,981,074 Service Benefits for Children $ 214,062,839 Purchase of Service Contracts $ 71,100,828 Grant-In-Aid to Counties $ 96,898,979 Institutional Repairs and Maintenance $ 310,554 Utilities $ 912,445 Postage $ 5,698,618 Payments to DMA-Community Care $ 13,913,085 Grants for Regional Maternal and Infant Care $ 821,135 Grants to County DFACS - Operations $ 275,638,099 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 464,567,885 Personal Services $ 353,567,604 Regular Operating Expenses $ 39,300,452 Travel $ 436,784 Motor Vehicle Purchases $ 698,750 Equipment $ 1,942,924

Page 55

Computer Charges $ 4,777,567 Real Estate Rentals $ 194,442 Telecommunications $ 2,564,664 Per Diem, Fees and Contracts $ 9,355,919 Utilities $ 12,051,683 Institutional Repairs and Maintenance $ 1,789,045 Substance Abuse Community Services $ 48,998,859 Mental Retardation Community Services $ 94,642,634 Mental Health Community Services $ 30,356,870 Community Mental Health Center Services $ 72,283,341 Special Purpose Contract $ 294,118 Total Funds Budgeted $ 673,255,656 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 464,567,885 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 39,261,457 $ 24,833,624 Brook Run $ 31,793,407 $ 13,217,220 Georgia Mental Health Institute $ 26,639,577 $ 24,416,805 Georgia Regional Hospital at Augusta $ 21,496,647 $ 19,832,725 Northwest Regional Hospital at Rome $ 26,605,027 $ 19,252,268 Georgia Regional Hospital at Atlanta $ 28,239,953 $ 22,937,498 Central State Hospital $ 142,045,419 $ 85,447,538 Georgia Regional Hospital at Savannah $ 19,741,102 $ 18,451,145 Gracewood State School and Hospital $ 50,146,809 $ 22,701,191 West Central Georgia Regional Hospital $ 18,833,808 $ 16,075,532 Outdoor Therapeutic Program $ 3,699,108 $ 2,799,990 Mental Health Community Assistance $ 1,964,169 $ 1,852,880

Page 56

Mental Retardation Community Assistance $ 1,357,393 $ 1,332,395 Day Care Centers for Mentally Retarded $ 73,517,501 $ 37,228,243 Supportive Living $ 30,000,186 $ 26,558,233 Georgia State Foster Grandparents/Senior Companion Program $ 806,641 $ 806,641 Project Rescue $ 540,887 $ 540,887 Drug Abuse Contracts $ 48,998,859 $ 26,325,371 Community Mental Health Center Services $ 72,283,341 $ 68,260,321 Project ARC $ 444,351 $ 444,351 Metro Drug Abuse Centers $ 1,541,706 $ 1,346,206 Group Homes for Autistic Children $ 294,701 $ 294,701 Project Friendship $ 356,684 $ 356,684 Community Mental Retardation Staff $ 6,220,726 $ 6,220,726 Community Mental Retardation Residential Services $ 13,236,299 $ 13,728,048 Contract with Clayton County Board of Education for Autistic Children $ 95,472 $ 95,472 MH/MR/SA Administration $ 10,131,870 $ 6,248,634 Regional Boards $ 2,962,556 $ 2,962,556 Total $ 673,255,656 $ 464,567,885 Section 26. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 19,776,102 Personal Services $ 8,346,275 Regular Operating Expenses $ 1,475,818

Page 57

Travel $ 335,000 Motor Vehicle Purchases $ 32,000 Equipment $ 60,883 Computer Charges $ 152,440 Real Estate Rentals $ 947,130 Telecommunications $ 246,000 Per Diem, Fees and Contracts $ 704,178 Local Welcome Center Contracts $ 171,600 Marketing $ 6,899,578 Georgia Ports Authority Lease Rentals $ 1,450,000 Foreign Currency Reserve $ 50,000 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 20,920,902 State Funds Budgeted $ 19,776,102 Departmental Functional Budgets Total Funds State Funds Administration $ 10,981,880 $ 10,152,080 Economic Development $ 4,259,672 $ 4,154,672 Trade $ 960,298 $ 960,298 Tourism $ 4,719,052 $ 4,509,052 Total $ 20,920,902 $ 19,776,102 Section 27. Department of Insurance . Budget Unit: Department of Insurance $ 15,103,910 Personal Services $ 13,224,345 Regular Operating Expenses $ 713,762 Travel $ 401,560 Motor Vehicle Purchases $ 84,000 Equipment $ 55,750 Computer Charges $ 523,256 Real Estate Rentals $ 806,814 Telecommunications $ 251,433 Per Diem, Fees and Contracts $ 202,990 Health Care Utilization Review $ 0 Total Funds Budgeted $ 16,263,910 State Funds Budgeted $ 15,103,910

Page 58

Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,775,813 $ 4,775,813 Insurance Regulation $ 6,357,991 $ 6,357,991 Industrial Loans Regulation $ 435,688 $ 435,688 Fire Safety and Mobile Home Regulations $ 4,694,418 $ 3,534,418 Total $ 16,263,910 $ 15,103,910 Section 28. Department of Labor . Budget Unit: Department of Labor $ 7,176,250 Personal Services $ 66,661,469 Regular Operating Expenses $ 5,609,533 Travel $ 1,102,315 Motor Vehicle Purchases $ 0 Equipment $ 903,198 Computer Charges $ 8,302,843 Real Estate Rentals $ 2,187,517 Telecommunications $ 1,166,682 Per Diem, Fees and Contracts (JTPA) $ 69,792,752 Per Diem, Fees and Contracts $ 3,020,853 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 1,013,125 Total Funds Budgeted $ 161,534,366 State Funds Budgeted $ 7,176,250 Departmental Functional Budgets Total Funds State Funds Executive Offices/ Administrative Services $ 27,871,775 $ 5,330,899 Employment and Training Services $ 133,662,591 $ 1,845,351 Total $ 161,534,366 $ 7,176,250 Section 29. Department of Law . Budget Unit: Department of Law $ 10,320,106 Personal Services $ 9,471,091 Regular Operating Expenses $ 504,005 Travel $ 102,540

Page 59

Motor Vehicle Purchases $ 0 Equipment $ 26,136 Computer Charges $ 342,637 Real Estate Rentals $ 455,147 Telecommunications $ 125,317 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 140,000 Total Funds Budgeted $ 11,226,873 State Funds Budgeted $ 10,320,106 Section 30. Department of Medical Assistance . A. Budget Unit: Medicaid Services $ 1,104,335,102 Personal Services $ 13,726,336 Regular Operating Expenses $ 4,454,835 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 74,644 Computer Charges $ 22,787,558 Real Estate Rentals $ 885,000 Telecommunications $ 425,000 Per Diem, Fees and Contracts $ 66,926,024 Medicaid Benefits, Penalties and Disallowances $ 3,092,382,832 Audit Contracts $ 772,500 SFY 1994 Medicaid Benefits, Penalties and Disallowances $ (20,021,921) Total Funds Budgeted $ 3,182,601,208 State Funds Budgeted $ 1,104,335,102 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 60,515,270 $ 2,356,104 Benefits, Penalties and Disallowances $3,072,360,911 $1,084,382,283 Community Services $ 1,347,171 $ 516,503 Systems Management $ 28,383,447 $ 7,489,101 Professional Services $ 2,347,775 $ 1,001,508 Program Compliance $ 5,404,741 $ 2,702,370 Maternal and Child Health $ 872,783 $ 332,213 Financial and Hospital Reimbursement $ 4,473,502 $ 2,192,758

Page 60

Nursing Home Reimbursement $ 4,851,441 $ 2,425,720 Nursing Home and Hospital Policy $ 2,044,167 $ 936,542 Total $ 3,182,601,208 $ 1,104,335,102 B. Budget Unit: Indigent Trust Fund $ 139,287,133 Per Diem, Fees and Contracts $ 7,557,900 Benefits $ 358,962,316 Total Funds Budgeted $ 366,520,216 State Funds Budgeted $ 139,287,133 Section 31. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 8,255,874 Regular Operating Expenses $ 2,080,135 Travel $ 88,440 Equipment $ 54,895 Real Estate Rents $ 917,345 Per Diem, Fees and Contracts $ 136,505,130 Computer Charges $ 3,472,999 Telecommunications $ 265,357 Health Insurance Payments $ 838,823,000 Total Funds Budgeted $ 990,463,175 Other Agency Funds $ 114,920 Agency Assessments $ 11,070,818 Employee and Employer Contributions $ 979,129,240 Deferred Compensation $ 148,197 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 2,661,950 $ 0 Applicant Services $ 2,364,459 $ 0 Classification and Compensation $ 1,362,143 $ 0 Flexible Benefits $ 1,241,437 $ 0 Employee Training and Development $ 1,552,628 $ 0

Page 61

Health Insurance Administration $ 34,960,454 $ 0 Health Insurance Claims $ 943,205,397 $ 0 Internal Administration $ 3,114,707 $ 0 Total $ 990,463,175 $ 0 Section 32. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 84,231,405 Personal Services $ 68,818,165 Regular Operating Expenses $ 13,508,732 Travel $ 513,202 Motor Vehicle Purchases $ 2,016,107 Equipment $ 2,278,431 Real Estate Rentals $ 2,392,552 Per Diem, Fees and Contracts $ 2,736,263 Computer Charges $ 1,002,678 Telecommunications $ 1,146,940 Authority Lease Rentals $ 130,000 Advertising and Promotion $ 150,000 Cost of Material for Resale $ 2,590,000 Capital Outlay: New Construction $ 1,077,719 Repairs and Maintenance $ 2,373,611 Land Acquisition Support $ 225,000 Wildlife Management Area Land Acquisition $ 800,000 Shop Stock - Parks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 35,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants: Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 135,000 Recreation $ 1,000,000 Contracts: Paralympic Games $ 400,000 Technical Assistance Contract $ 106,513 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia Rural Water Association $ 80,000 Georgia State Games Commission $ 187,259 U. S. Geological Survey for Ground Water Resources $ 300,000

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U.S. Geological Survey for Topographic Mapping $ 0 National War Museum $ 250,000 Hazardous Waste Trust Fund $ 8,918,534 Solid Waste Trust Fund $ 5,363,868 Payments to Civil War Commission $ 31,000 Payments to Georgia Agricultural Exposition Authority $ 2,354,025 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 7,000 Total Funds Budgeted $ 124,147,646 Receipts from Jekyll Island State Park Authority $ 887,210 Receipts from Stone Mountain Memorial Association $ 3,804,148 Receipts from Lake Lanier Islands Development Authority $ 3,362,900 Receipts from North Georgia Mountain Authority $ 1,415,630 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 84,231,405 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,024,300 $ 4,024,300 Program Support $ 2,516,164 $ 2,516,164 Historic Preservation $ 1,861,209 $ 1,371,209 Parks, Recreation and Historic Sites $ 38,328,779 $ 13,465,950 Coastal Resources $ 2,395,525 $ 2,279,275 Wildlife Resources $ 34,070,527 $ 29,460,224 Environmental Protection $ 39,752,075 $ 30,157,069 Pollution Prevention Program $ 1,199,067 $ 957,214 Total $ 124,147,646 $ 84,231,405 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 1,912,944 Regular Operating Expenses $ 1,598,081

Page 63

Travel $ 31,000 Motor Vehicle Purchases $ 18,000 Equipment $ 85,000 Computer Charges $ 35,000 Real Estate Rentals $ 0 Telecommunications $ 36,000 Per Diem, Fees and Contracts $ 625,000 Capital Outlay $ 0 Total Funds Budgeted $ 4,341,025 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 4,341,025 $ 0 Section 33. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 95,670,610 1. Operations Budget: Personal Services $ 57,572,584 Regular Operating Expenses $ 7,432,438 Travel $ 137,617 Motor Vehicle Purchases $ 3,731,450 Equipment $ 746,325 Computer Charges $ 4,047,061 Real Estate Rentals $ 1,610,356 Telecommunications $ 600,000 Per Diem, Fees and Contracts $ 437,400 State Patrol Posts Repairs and Maintenance $ 155,000 Capital Outlay $ 25,000 Total Funds Budgeted $ 76,495,231 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 74,845,231 2. Driver Services Budget: Personal Services $ 16,443,143 Regular Operating Expenses $ 1,840,988 Travel $ 25,800 Motor Vehicle Purchases $ 0 Equipment $ 173,500 Computer Charges $ 45,000 Real Estate Rentals $ 61,058 Telecommunications $ 619,000 Per Diem, Fees and Contracts $ 189,140 Capital Outlay $ 0 Conviction Reports $ 290,000 State Patrol Posts Repairs and Maintenance $ 90,000 Driver License Processing $ 1,047,750

Page 64

Total Funds Budgeted $ 20,825,379 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 20,825,379 Departmental Functional Budgets Total Funds State Funds Administration $ 22,516,536 $ 21,016,536 Driver Services $ 20,825,379 $ 20,825,379 Field Operations $ 53,978,695 $ 53,828,695 Total $ 97,320,610 $ 95,670,610 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,067,745 1. Attached Units Budget: Personal Services $ 7,203,140 Regular Operating Expenses $ 2,586,935 Travel $ 87,970 Motor Vehicle Purchases $ 68,500 Equipment $ 198,860 Computer Charges $ 235,708 Real Estate Rentals $ 102,114 Telecommunications $ 144,490 Per Diem, Fees and Contracts $ 646,987 Peace Officers Training Grants $ 3,580,523 Capital Outlay $ 0 Total Funds Budgeted $ 14,855,227 State Funds Budgeted $ 13,760,227 2. Office of Highway Safety Budget: Personal Services $ 429,531 Regular Operating Expenses $ 28,450 Travel $ 9,828 Motor Vehicle Purchases $ 0 Equipment $ 3,168 Computer Charges $ 37,080 Real Estate Rentals $ 78,161 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 7,500 Highway Safety Grants $ 2,760,000 Total Funds Budgeted $ 3,357,518 State Funds Budgeted $ 307,518

Page 65

Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,357,518 $ 307,518 Georgia Peace Officers Standards and Training $ 5,561,459 $ 5,561,459 Police Academy $ 1,057,938 $ 992,938 Fire Academy $ 1,158,915 $ 1,058,915 Georgia Firefighters Standards and Training Council $ 466,052 $ 466,052 Georgia Public Safety Training Facility $ 6,610,863 $ 5,680,863 Total $ 18,212,745 $ 14,067,745 Section 34. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 9,640,000 Payments to Employees' Retirement System $ 490,000 Employer Contributions $ 9,150,000 Total Funds Budgeted $ 9,640,000 State Funds Budgeted $ 9,640,000 Section 35. Public Service Commission . Budget Unit: Public Service Commission $ 8,382,229 Personal Services $ 6,773,916 Regular Operating Expenses $ 421,285 Travel $ 256,756 Motor Vehicle Purchases $ 216,200 Equipment $ 36,174 Computer Charges $ 408,660 Real Estate Rentals $ 305,489 Telecommunications $ 126,754 Per Diem, Fees and Contracts $ 1,688,000 Total Funds Budgeted $ 10,233,234 State Funds Budgeted $ 8,382,229 Departmental Functional Budgets Total Funds State Funds Administration $ 1,736,672 $ 1,736,672

Page 66

Transportation $ 3,503,951 $ 1,828,826 Utilities $ 4,992,611 $ 4,816,731 Total $ 10,233,234 $ 8,382,229 Section 36. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 994,892,042 Personal Services: Educ., Gen., and Dept. Svcs $ 1,062,833,065 Sponsored Operations $ 140,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 255,884,706 Sponsored Operations $ 150,000,000 Special Funding Initiative $ 10,688,094 Office of Minority Business Enterprise $ 319,526 Special Desegregation Programs $ 349,130 Forestry Research $ 338,382 Research Consortium $ 4,347,000 Capital Outlay $ 582,090 Total Funds Budgeted $ 1,625,341,993 Departmental Income $ 40,000,000 Sponsored Income $ 290,000,000 Other Funds $ 297,422,651 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 994,892,042 B. Budget Unit: Regents Central Office and Other Organized Activities $ 156,380,533 Personal Services: Educ., Gen., and Dept. Svcs $ 245,215,570 Sponsored Operations $ 68,262,264 Operating Expenses: Educ., Gen., and Dept. Svcs $ 124,653,717 Sponsored Operations $ 38,852,768 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,041,867 Advanced Technology Development Center $ 1,890,857 Capitation Contracts for Family Practice Residency $ 2,937,583 Residency Capitation Grants $ 2,484,870 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 6,244,350 Morehouse School of Medicine Grant $ 5,241,300 Capital Outlay $ 0 Center for Rehabilitation Technology $ 2,189,510 SREB Payments $ 5,948,000 Medical Scholarships $ 1,253,086

Page 67

Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 821,295 CRT Inc. Contract at Georgia Tech Research Institute $ 212,983 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 9,397,315 Total Funds Budgeted $ 518,593,735 Departmental Income $ 0 Sponsored Income $ 106,039,476 Other Funds $ 255,618,026 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 156,380,533 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 1,812,259 $ 1,275,471 Skidaway Institute of Oceanography $ 33,791,776 $ 1,460,887 Marine Institute $ 1,317,167 $ 916,444 Georgia Tech Research Institute $ 127,199,259 $ 12,846,183 Education Extension Services $ 8,463,549 $ 2,437,349 Agricultural Experiment Station $ 52,464,759 $ 34,166,106 Cooperative Extension Service $ 45,099,061 $ 27,640,704 Medical College of Georgia Hospital and Clinics $ 225,427,808 $ 30,449,184 Veterinary Medicine Experiment Station $ 2,652,078 $ 2,652,078 Veterinary Medicine Teaching Hospital $ 2,644,592 $ 493,303 Joint Board of Family Practice $ 22,495,342 $ 22,495,342

Page 68

Georgia Radiation Therapy Center $ 2,719,756 $ 0 Athens and Tifton Veterinary Laboratories $ 2,947,130 $ 90,098 Regents Central Office $ 19,259,199 $ 19,157,384 Office of Technology Policy $ 300,000 $ 300,000 Total $ 518,593,735 $ 156,380,533 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 7,710,938 Operating Expenses $ 14,207,082 Total Funds Budgeted $ 21,918,020 Other Funds $ 21,918,020 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 119,741,000 Equipment, Technology and Construction Trust Fund $ 19,321,347 Capital Outlay - GPTC $ 28,921,000 Equipment - GPTC $ 3,300,000 Georgia Research Alliance $ 36,553,653 Capital Outlay - Albany State College $ 13,000,000 Equipment $ 1,000,000 Per Diem, Fees and Contracts $ 50,000 Zoo Atlanta Resources Center $ 2,500,000 Special Funding Initiatives $ 15,095,000 Total Funds Budgeted $ 119,741,000 Lottery Funds Budgeted $ 119,741,000 Section 37. Department of Revenue . Budget Unit: Department of Revenue $ 90,339,945 Personal Services $ 55,303,453 Regular Operating Expenses $ 4,610,482 Travel $ 1,385,187 Motor Vehicle Purchases $ 246,000 Equipment $ 813,569 Computer Charges $ 14,911,879 Real Estate Rentals $ 2,832,804 Telecommunications $ 1,114,537 Per Diem, Fees and Contracts $ 511,874 County Tax Officials/Retirement and FICA $ 3,369,000 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 6,286,955 Postage $ 3,636,176 Total Funds Budgeted $ 95,021,916

Page 69

Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 90,339,945 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 6,924,475 $ 6,924,475 Internal Administration $ 11,550,194 $ 11,350,194 Electronic Data Processing $ 9,196,862 $ 8,381,662 Field Services $ 17,946,427 $ 17,646,427 Income Tax Unit $ 7,381,105 $ 6,681,105 Motor Vehicle Unit $ 22,226,798 $ 20,926,798 Central Audit Unit $ 7,127,628 $ 7,127,628 Property Tax Unit $ 4,321,023 $ 3,284,052 Sales Tax Unit $ 4,052,863 $ 3,723,063 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 4,248,541 $ 4,248,541 Total $ 95,021,916 $ 90,339,945 Section 38. Secretary of State . A. Budget Unit: Secretary of State $ 26,428,983 Personal Services $ 16,241,077 Regular Operating Expenses $ 3,727,497 Travel $ 230,350 Motor Vehicle Purchases $ 111,000 Equipment $ 243,162 Computer Charges $ 2,030,588 Real Estate Rentals $ 2,484,990 Telecommunications $ 368,304 Per Diem, Fees and Contracts $ 1,337,015 Election Expenses $ 700,000 Total Funds Budgeted $ 27,473,983 State Funds Budgeted $ 26,428,983 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,392,270 $ 3,362,270 Archives and Records $ 4,534,349 $ 4,459,349

Page 70

Business Services and Regulation $ 4,866,080 $ 4,150,080 Elections and Campaign Disclosure $ 3,474,652 $ 3,454,652 Drugs and Narcotics $ 1,048,300 $ 994,300 State Ethics Commission $ 372,291 $ 372,291 State Examining Boards $ 9,786,041 $ 9,636,041 Total $ 27,473,983 $ 26,428,983 B. Budget Unit: Real Estate Commission $ 1,949,825 Personal Services $ 1,136,025 Regular Operating Expenses $ 155,100 Travel $ 16,000 Motor Vehicle Purchases $ 23,000 Equipment $ 8,000 Computer Charges $ 350,000 Real Estate Rentals $ 113,700 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 118,000 Total Funds Budgeted $ 1,949,825 State Funds Budgeted $ 1,949,825 Departmental Functional Budgets Cost of State Funds Operations Real Estate Commission $ 1,949,825 $ 1,989,825 Section 39. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 1,926,187 Personal Services $ 1,015,079 Regular Operating Expenses $ 233,414 Travel $ 40,520 Motor Vehicle Purchases $ 24,000 Equipment $ 12,115 Computer Charges $ 7,500 Real Estate Rentals $ 78,865 Telecommunications $ 22,000 Per Diem, Fees and Contracts $ 631,350 County Conservation Grants $ 424,000 Total Funds Budgeted $ 2,488,843 State Funds Budgeted $ 1,926,187

Page 71

Section 40. Student Finance Commission . A. Budget Unit: Student Finance Commission $ 30,861,064 Personal Services $ 4,999,073 Regular Operating Expenses $ 464,051 Travel $ 101,800 Motor Vehicle Purchases $ 0 Equipment $ 20,000 Computer Charges $ 421,000 Real Estate Rentals $ 44,800 Telecommunications $ 144,250 Per Diem, Fees and Contracts $ 208,739 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 22,360,260 Student Incentive Grants $ 5,003,940 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 75,000 Osteopathic Medical Loans $ 160,000 Georgia Military Scholarship Grants $ 593,600 Paul Douglas Teacher Scholarship Loans $ 425,000 Total Funds Budgeted $ 39,135,513 State Funds Budgeted $ 30,861,064 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 5,342,017 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 32,731,800 $ 30,259,058 Georgia Nonpublic Postsecondary Education Commission $ 1,061,696 $ 602,006 Total $ 39,135,513 $ 30,861,064 B. Budget Unit: Lottery for Education $ 77,401,941 Hope Financial Aid - Tuition $ 39,061,941 Hope Financial Aid - Books $ 12,000,000 Hope Financial Aid - Fees $ 6,000,000 Tuition Equalization Grants $ 20,000,000 Georgia Military College Scholarship $ 240,000 LEPD Scholarship $ 100,000 Total Funds Budgeted $ 77,401,941

Page 72

Lottery Funds Budgeted $ 77,401,941 Section 41. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,925,000 Personal Services $ 3,668,086 Regular Operating Expenses $ 365,250 Travel $ 30,000 Motor Vehicle Purchases $ 0 Equipment $ 24,150 Computer Charges $ 967,136 Real Estate Rentals $ 469,750 Telecommunications $ 68,893 Per Diem, Fees and Contracts $ 376,000 Retirement System Members $ 3,400,000 Floor Fund for Local Retirement Systems $ 525,000 Total Funds Budgeted $ 9,894,265 State Funds Budgeted $ 3,925,000 Section 42. Department of Technical and Adult Education . A. Budget Unit: Department of Technical and Adult Education $ 145,738,288 Personal Services $ 3,872,659 Regular Operating Expenses $ 400,793 Travel $ 120,500 Motor Vehicle Purchases $ 0 Equipment $ 15,000 Computer Charges $ 406,730 Real Estate Rentals $ 334,490 Telecommunications $ 158,000 Per Diem, Fees and Contracts $ 704,000 Personal Services-Institutions $ 99,523,159 Operating Expenses-Institutions $ 19,869,284 Capital Outlay $ 0 Quick Start Program $ 8,124,563 Area School Program $ 25,012,445 Regents Program $ 2,758,900 Adult Literacy Grants $ 15,311,394 Total Funds Budgeted $ 176,611,917 State Funds Budgeted $ 145,738,288

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Departmental Functional Budgets Total Funds State Funds Administration $ 6,012,172 $ 4,023,495 Institutional Programs $ 170,599,745 $ 141,714,793 Total $ 176,611,917 $ 145,738,288 B. Budget Unit: Lottery for Education $ 42,417,423 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 20,014,673 Equipment-Technical Institutes $ 14,402,750 Repairs and Renovations $ 7,000,000 Total Funds Budgeted $ 42,417,423 Lottery Funds Budgeted $ 42,417,423 Section 43. Department of Transportation . Budget Unit: Department of Transportation $ 454,915,497 Personal Services $ 244,633,944 Regular Operating Expenses $ 55,888,851 Travel $ 1,494,910 Motor Vehicle Purchases $ 1,522,000 Equipment $ 5,757,602 Computer Charges $ 6,077,860 Real Estate Rentals $ 1,334,773 Telecommunications $ 2,503,900 Per Diem, Fees and Contracts $ 47,534,677 Capital Outlay $ 632,498,885 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay - Airport Development $ 1,167,500 Mass Transit Grants $ 9,463,781 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 Total Funds Budgeted $ 1,011,582,783 State Funds Budgeted $ 454,915,497 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 762,267,424 $ 226,740,895 Maintenance and Betterments $ 196,819,300 $ 185,619,300

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Facilities and Equipment $ 12,062,562 $ 11,512,562 Administration $ 23,126,927 $ 22,501,927 Total $ 994,276,213 $ 446,374,684 General Funds Budget Total Funds State Funds Planning and Construction $ 1,625,316 $ 1,625,316 Air Transportation $ 1,403,525 $ 1,016,525 Inter-Modal Transfer Facilities $ 13,597,729 $ 5,218,972 Harbor/Intra-Coastal Waterways Activities $ 680,000 $ 680,000 Total $ 17,306,570 $ 8,540,813 Section 44. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 23,536,066 Personal Services $ 4,769,335 Regular Operating Expenses $ 115,123 Travel $ 75,700 Motor Vehicle Purchases $ 0 Equipment $ 183,700 Computer Charges $ 10,253 Real Estate Rentals $ 238,641 Telecommunications $ 57,883 Per Diem, Fees and Contracts $ 198,500 Operating Expense/Payments to Central State Hospital $ 17,386,621 Operating Expense/Payments to Medical College of Georgia $ 6,970,976 Regular Operating Expenses for Projects and Insurance $ 325,825 Total Funds Budgeted $ 30,332,557 State Funds Budgeted $ 23,536,066 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 5,569,735 $ 5,299,126 Veterans Home and Nursing Facility - Milledgeville $ 17,723,246 $ 13,222,776

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Veterans Nursing Home-Augusta $ 7,039,576 $ 5,014,164 Total $ 30,332,557 $ 23,536,066 Section 45. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 10,192,885 Personal Services $ 7,368,707 Regular Operating Expenses $ 370,549 Travel $ 58,000 Motor Vehicle Purchases $ 0 Equipment $ 19,250 Computer Charges $ 490,482 Real Estate Rentals $ 1,013,996 Telecommunications $ 109,040 Per Diem, Fees and Contracts $ 204,518 Payments to State Treasury $ 748,343 Total Funds Budgeted $ 10,382,885 State Funds Budgeted $ 10,192,885 Section 46. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 384,046,235 Motor Fuel Tax Funds (Issued) $ 61,000,000 $ 445,046,235 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 36,684,200 Motor Fuel Tax Funds (New) $ 0 $ 36,684,200 Section 47. Provisions Relative to Section 1, General Assembly . It is the intent of the General Assembly that the funds for the Budget Responsibility Oversight Commission (BROC) be used for the initial staffing of BROC. It is the further intent that BROC will meet during 1994 and decide the administrative structure of staff and placement in the General Assembly. Section 48. Provisions Relative to Section 3, Supreme Court . The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

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Section 49. Provisions Relative to Section 4, Court of Appeals . The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court. Section 50. Provisions Relative to Section 5, Superior Courts . The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 51. Provisions Relative to Section 6, Juvenile Courts . The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4. Section 52. Provisions Relative to Section 7, Institute of Continuing Judicial Education . The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 53. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 54. Provisions Relative to Section 12, Department of Administrative Services . It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions

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of state government and begin implementation of said plan by the Department or a contractor when feasible. The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget. It is the intent of the General Assembly with reference to the development of a communications system for the state of Georgia the following criteria shall apply: 1.) The Office of Information Technology shall be responsible for evaluation of all options for a new state radio system; 2.) Reports relating to evaluation of system shall be made to the Fiscal Affairs Sub-Committee not later than September 15, 1994 with possible extention of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology shall be responsible for the development of requests for proposals relating to the various components of the communications system project; 5.) All proposals for the construction of a State System to be considered must meet standards set forth by the American Public Communications Organization . Section 55. Provisions Relative to Section 14, Department of Agriculture . Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities. It is the intent of this General Assembly that the Department of Agriculture determine the feasibility of relocating the MLK laboratories. Provided, that of the appropriation to the Department of Agriculture, up to $75,000 is authorized to be expended for ELISA testing equipment for branch laboratories at Bowdon, Camilla, Dalton, Douglas and Montezuma. Section 56. Provisions Relative to Section 17, Department of Community Affairs . Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Provided, that from the appropriation made above for Local Assistance Grants, specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

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Recipient Purpose Amount City of Port Wentworth Repairs to Firehouse $ 25,000 Mitchell County Contract for Economic Growth Study $ 7,000 Cobb County Board of Education Construction of Physical Education Facility $ 50,000 City of Glenville Expansion of Continuing Education Facility $ 25,000 Brantley County Courthouse Renovations $ 22,000 Bacon County Courthouse Renovations $ 25,000 City of Swainsboro Historic District Renovations $ 25,000 City of Quitman Historical Library Facility Renovations $ 25,000 City of Thomaston Preservation of Robert E. Lee Institute $ 25,000 Floyd County Modifications to Sarah Hightower Regional Library $ 15,000 City of Lagrange Renovation of Alpha Multi-Purpose Center $ 40,000 Liberty County Historic Trail Preservation $ 15,000 City of Auburn Construction of Recreational Facility $ 15,000 City of Macon Program for Youth Athletics $ 10,000 Wayne County Purchase of Rescue Unit $ 10,000 City of Odum Water and Sewer System Improvements $ 15,000 City of Buford Construction of Utility Line $ 50,000 Americus City Board of Education Planning for School Merger $ 25,000

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City of Stone Mountain Operations of Commission on Holocaust $ 10,000 City of Guyton Purchase of Vehicle $ 13,300 Turner County Construction of Recreational Facility $ 10,000 Columbus/Muscogee County Operation of Two Thousand Opportunities, Inc. $ 50,000 Columbus/Muscogee County Operation of Lindsey Creek Community Center $ 3,000 Columbus/Muscogee County Operation of Combined Communities of Southeast Columbus $ 25,000 Rabun County Construction of Public Safety Facility $ 50,000 Rabun County Renovation of Headstart Facility $ 15,000 White County Robertstown Water System Construction $ 25,000 Cobb County Preservation of Historical William Root House $ 25,000 Lanier County Board of Education Renovation of Education Facility $ 40,000 City of Augusta Purchase of Properties for Park $ 50,000 Wayne County Operations of Motherhood and Beyond Project $ 15,000 City of Canon Water System Repairs $ 20,000 City of Menlo Water System Improvements $ 20,000 Georgia Building Authority Capitol Preservation $ 50,000

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Chatham County Planning for the Maritime Trade Center $ 550,000 City of Atlanta Public Access and Teacher Education Program at Clark Atlanta University $ 250,000 Houston County Expansion and Operation of Aviation Museum and Hall of Fame $ 913,000 City of Clarkston Community Development Center Operations $ 30,000 City of Stapleton Renovations to Volunteer Fire Department Facility $ 10,000 Columbia County Volunteer Fire Department Operations $ 10,000 City of Rome Camp Good Times Operation $ 15,000 Columbia County Board of Education Renovations to Evans Middle School $ 10,000 City of Pearson Renovations to City Hall $ 40,000 Harris County Purchase of Sanitation Truck $ 40,000 Talbot County Preservation of Historic Records $ 10,000 Liberty County National Guard Operation $ 10,000 City of Darien Purchase of Sanitation Truck $ 40,000 City of Marshallville Preservation of Historic District $ 5,000 Burke County Operation of Boggs Rural Life Center $ 50,000

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Screven County Repairs to Livestock Facility $ 5,000 Screven County Repairs to Fire Station $ 10,000 City of Macon Operation of Booker T. Washington Community Center Youth Programs $ 10,000 Glynn County Parent and Child Development, Inc. Operations $ 10,000 Dougherty County Purchase of Automated Fingerprint Information System $ 194,400 Crawford County Land Preparation and Acquisition for Industrial Park $ 90,000 Dekalb County Scotdale Youth Development Program Operations $ 20,000 Richmond County Board of Education Renovations to Davidson Fine Arts Magnet School $ 75,000 Richmond County Board of Education Renovations to A.R. Johnson Magnet School $ 40,000 Terrell County Roof Repairs to Terrell County Library $ 100,000 City of Rockmart Senior Citizen Center Operations $ 40,000 City of Decatur Contract for Services from Georgia School-Age Care Association $ 75,000 City of Perry Operation of Genesis House $ 20,000 Athens/Clark County Operation of Safe Campus Now Program $ 30,000

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Union County Construction of Senior Citizen House $ 100,000 Coffee County Operations of Highway 441 Economic Development Coalition $ 25,000 Puluski County Purchase of Equipment for Courthouse $ 25,000 Worth County Construction on Livestock Pavillion $ 10,000 Wilkinson County Board of Education Construction to High School $ 25,000 Mitchell County Improvements to Industrial Park $ 25,000 Decatur County Board of Education Construction of Physical Education Facility $ 25,000 Floyd County Board of Education Purchase of Equipment for Model High School $ 25,000 City of Baxley Planning for Continuing Education Facility $ 25,000 Union County Board of Education Construction and Purchase of Equipment $ 48,190 Columbus/Muscogee County Planning for a regional educational/cultural facility $ 250,000 West Georgia Regional Library To purchase library materials $ 100,000 Flint River Regional Library To purchase library materials $ 52,000 Section 57. Provisions Relative to Section 18, Department of Corrections . It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible. Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.

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It is the intent of this General Assembly that the department is authorized to utilize $180,000 of existing funds for the purchase of Waycross Diversion Center. Section 58. Provisions Relative to Section 20, State Board of Education Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. From the Appropriations in Section 20, funds are designated and committed for the purpose of special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1995. From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Provided, that of the above appropriations relative to Regional Education Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1995 on the basis of one-eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1995 that it contributed during SFY 1994. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network

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required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program. Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education. Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools. It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation. It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds. Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period. Provided, that the Governor's Scholarship Program shall include the following graduates from [Illegible Text] high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as [Illegible Text] high schools with 150 or more FTE count, the [Illegible Text] salutatorian and Star Student; high schools with 100 to 149 FTE count, the valcdictorian and Star Student; high schools with 50 to 99 FTE count, the valcdictorian. It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day. Provided, that funds for pilot elementary school foreign language programs shall be used for kindergarten, first and second grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993. Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and computer software only.

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Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public Education of the city of Savannah and the County of Chatham, et al. vs. State of Georgia . Section 59. Provisions Relative to Section 22, Forestry Commission . It is the intent of the General Assembly that the Walker Nursery remain open. It is the intent of the General Assembly that the Forestry Commission continue compilation, publication and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications. Section 60. Provisions Relative to Section 24, Office of the Governor . The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms. Section 61. Provisions Relative to Section 25, Department of Human Resources . The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Standards Maximum Monthly Asst. Group of Need Amount 1 $235 $155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease. The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding. It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.

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It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget: Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds. It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on implementing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or

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party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program. The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally retarded clients from hospitals to community residential settings. The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services. The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acquisition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients. Provided, that of the above appropriation, funding for recently introduced and technologically advanced psychotropic medications may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval. It is the intent of the General Assembly that no funds appropriated to the Department which may be used to contract with Planned Parenthood of Atlanta shall be used in programs where abortion is a method of family planning. In addition, no funds appropriated to the Department which may be used for contracting with Planned Parenthood of Atlanta shall be used to pay dues to a national organization. Provided, that of the above appropriation relative to Community Mental Helath, Mental Retardation, Substance Abuse and Institutions, Haralson County is authorized to begin a pilot program for the operation of community mental health services through the Haralson County Board of Health. It is the intent of the General Assembly that all current and future relocations of Department of Family and Children Services offices require competitive bids in selection of relocation sites.

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Section 62. Provisions Relative to Section 29, Law Department . Provided, the department is authorized to use other funds for the use of upgrading computer systems. Section 63. Provisions Relative to Section 30, Department of Medical Assistance . There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid. The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services. The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists. The Department of Medical Assistance is directed to impose the use of recipient copayments in accordance with federal guidelines in the following program areas: hospital-inpatient and outpatient, physicians, home health, rural health, nurse practitioners, drugs, non-emergency transportation, durable medical equipment, optometric, orthotics/prosthetics, ambulatory surgical centers, podiatry and physician's assistant. The Department is authorized to extend medical coverage to eligible nineteen and twenty year olds in foster care. It is the intent of the General Assembly that the Board of Medical Assistance establish a policy for setting the date to be used in determining the applicable Data Resources, Inc. rate to be used in setting the reimbursement rate for hospitals, nursing facilities and home health agencies. Section 64. Provisions Relative to Section 31, Merit System of Personnel Administration . The Department is authorized to assess no more than $171.50 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1995 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1995 shall not exceed 8.66%.

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Section 65. Provisions Relative to Section 32, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32. Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 66. Provisions Relative to Section 33, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety. It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issuance buses or the training of license examiners after initial training. It is the intent of this General Assembly that the department purchase full-size pursuit vehicles. Section 67. Provisions Relative to Section 36, Board of Regents, University System of Georgia . The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities. Provided, that of the above amount, $3,750,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund. Provided, that of the above Lottery funds, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, however that the Board of Regents may use the funds generated by all the system institutions to satisfy

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the match requirement. The Board of Regents shall allocate $3,000,000 for educational and agricultural purposes to activities that comprise Budget Unit B - Regents Central Office and Other Organized Activities. Section 68. Provisions Relative to Section 38, Secretary of State . Provided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation. Section 69. Provisions Relative to Section 39, Soil and Water Conservation Commission . It is the intent of this General Assembly that no Soil Technician position be filled upon the termination of an incumbent. Section 70. Provisions Relative to Section 42, Department of Technical and Adult Education . None of the State funds appropriated in Section 42 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education. Provided, that of the funds appropriated herein, $35,000.00 is designated and committed solely for Board Member Training. Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County. It is the intent of the General Assembly that the Moultrie Tech satellite facility in Tift County be located on the campus of Abraham Baldwin Agriculture College. Section 71. Provisions Relative to Section 43, Department of Transportation . For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

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d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program. i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the further intent of this General Assembly that of the $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.

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It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median. Section 72 . In addition to all other appropriations for the State fiscal year ending June 30, 1995, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,291,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($8,171,000 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 73 . Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 74 . Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special

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interest in future audits to insure strict compliance with the intent of this General Assembly. Section 75 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 76 . Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 77 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 78 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 79 . In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 80 . (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.)(1.) For purposes of this section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

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(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 81 . Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 82. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total ofthe Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 83. Provisions Relative to Section 46, State of Georgia General Obligation Debt Sinking Fund . The following authorization to issue General Obligation Debt and the corresponding appropriation is hereby repealed: the existing but unexercised authorization to issue $140,000,000 in principal amount of General Obligation Debt for the Georgia Building Authority or the Department of Defense, Ga. Laws 1993, pp. 1909, 1913. With regard to the appropriations in Section 46 to the State of Georgia General Obligation Debt Sinking Fund for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:

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From the appropriation designated State General Funds (New), $1,185,000 is specifically appropriated for the purpose of financing projects for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $1,440,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $960,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $533,250 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $474,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated State General Funds (New), $326,400 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $682,560 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $115,200 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $67,200 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $2,304,000 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated State General Funds (New), $1,152,000 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $264,960 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,248,000 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $59,520 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $133,905 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $565,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated State General Funds (New), $48,000 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $52,140 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $52,800 is specifically appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $4,068,960 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $42,385,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $480,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000

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in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $127,980 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $960,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $384,000 is specifically appropriated for the purpose of financing projects for the George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $397,440 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,920,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems,

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through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $215,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,066,500 is specifically appropriated for the purpose of financing facilities for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $355,200 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $307,200 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $12,000,000 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or

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facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $672,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $336,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $683,745 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking fund (New), $1,059,840 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,040,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $192,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $237,000 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $84,000 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $38,400 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995 $10,236,138,444 Section 85 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 86 . All laws and parts of laws in conflict with this Act are repealed.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 22, 1995. GEORGIA TOBACCO MARKETING ACT OF 1995 CHARGES FOR HANDLING AND SELLING LEAF TOBACCO BY WAREHOUSEMEN. Code Section 10-4-106 Amended. No. 7 (House Bill No. 163). AN ACT To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen; to provide for a short title; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by striking Code Section 10-4-106 and inserting in its place a new Code Section 10-4-106 to read as follows: 10-4-106. (a) This Code section shall be known and may be cited as `The Georgia Tobacco Marketing Act of 1995.' (b) The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit: (1) Reserved; (2) Reserved; (3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 6, 1995.

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CONSERVATION AND NATURAL RESOURCES RECREATIONAL AUTHORITIES OVERVIEW COMMITTEE; STONE MOUNTAIN MEMORIAL ASSOCIATION; JEKYLL ISLANDSTATE PARK AUTHORITY; NORTH GEORGIA MOUNTAINS AUTHORITY; LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY. Code Title 12 Amended. No. 10 (House Bill No. 120). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relative to the delegation of certain duties of the commissioner of natural resources; to create the Recreational Authorities Overview Committee; to provide for a report with regard to the authorities subject to legislative overview by the Recreation Authorities Overview Committee; to provide for the appointment of members to the Stone Mountain Memorial Association including one additional member; to provide for the appointment by the Governor of a chairperson of the association from the membership and his or her terms as chairperson; to define a certain term relative to such association; to provide for a master plan of Stone Mountain; to provide a procedure for the amendment of the master plan; to restrict development within a certain area; to define certain terms relative to the Jekyll IslandState Park Authority; to provide that a certain area of Jekyll Island shall be protected from development and alienation; to add three additional members to the Jekyll IslandState Park Authority; to provide for the appointment by the Governor of a chairperson of the said authority from the membership and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for a Citizens Resource Council for the authority on matters concerning Jekyll Island; to provide for a master plan of Jekyll Island; to provide a procedure for the amendment of the master plan; to restrict development within a certain area; to define a certain term relative to the North Georgia Mountains Authority; to reconstitute the membership of the authority and to provide for the appointment by the Governor of a chairperson from the membership and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for the powers of the said authority; to provide for a master plan of the said authority's projects; to provide a procedure for the amendment of the master plan; to define a certain term relative to the Lake Lanier Islands Development Authority; to provide for the appointment by the Governor of a chairperson from the membership of the authority and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for the powers of the said authority; to provide for a master plan of the said authority's projects; to provide a procedure for

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the amendment of the master plan; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (b) of Code Section 12-2-1, relating to the creation of the Department of Natural Resources, and inserting in lieu thereof the following: (b)(1) There is created the position of commissioner of natural resources. The commissioner shall be both appointed and removed by the Board of Natural Resources subject to approval of the Governor. Subject to the general policy established by the Board of Natural Resources, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this article. (2) The commissioner may delegate to any person in the Department of Natural Resources the power to be present and participate, including the power to vote as his or her representative or substitute, at any meeting, hearing, or other proceeding of any association, authority, committee, board, or other body upon which the commissioner serves pursuant to this title. SECTION 2 . Said title is further amended by designating Code Sections 12-3-1 through 12-3-11 as Part 1 of Article 1 and by inserting at the end thereof a new Part 2 to read as follows: Part 2 12-3-20. There is created as a joint committee of the General Assembly the Recreational Authorities Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for

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the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Stone Mountain Memorial Association, the Jekyll IslandState Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter. 12-3-21. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. 12-3-22. The Stone Mountain Memorial Association, the Jekyll IslandState Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its findings and recommendations based upon the review of each of the named authorities, as set forth in this part. 12-3-23. In the discharge of its duties, the committee shall evaluate the performance of the Stone Mountain Memorial Association, the Jekyll IslandState Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities.

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12-3-24. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government. 12-3-25. The committee shall report in each of its annual reports to the chairperson of the standing committees of each house of the General Assembly whether or not any of the authorities named in this part have undertaken activities having a projected cost of over $1 million without having first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities or has failed to file a copy of such evaluation with the Office of Planning and Budget. SECTION 3 . Said title is further amended by striking in its entirety Code Section 12-3-191, relating to definitions relative to the Stone Mountain Memorial Association, and inserting in lieu thereof the following: 12-3-191. As used in this part, the term: (1) `Association' means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested. (2) `Bonds' or `revenue bonds' means any bonds issued by the association under this part, including refunding bonds. (3) `Cost of project' means the cost of acquiring, constructing, developing, improving, equipping, adding to, extending, remodeling, managing, and operating the project or any part thereof, including, without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and

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equipment necessary for constructing, improving, developing, adding to, remodeling, managing, maintaining, and operating the project; financing charges and interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development, and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, engineers, and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this part, including fiscal agents' fees and the estimated cost of operating the project for a period not exceeding 12 months, and the expense of construction, development, improvement, management, maintenance, operation, or any other action permitted by this part with respect to the project and the placing of the same in operation, and including any other expense authorized by this part to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under this part for such project. (4) `Governing authority of a county' means the commissioner, board of commissioners, commission, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (5) `Governing authority of a municipality' means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation. (6) `Master plan' means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various construction projects as amended prior to January 1, 1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2. (7) `Project' means Stone Mountain and property adjacent thereto acquired by the association and all accommodations, utilities, facilities, services, and equipment necessary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing, and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate memorial and public recreational area, and the construction, improvement, development, maintenance, management, operation, and extension of any part

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thereof, as to which the association has undertaken or agreed to undertake any action permitted by this part. SECTION 4 . Said title is further amended by striking in its entirety Code Section 12-3-193, relating to the membership of the Stone Mountain Memorial Association and the appointment of members, and inserting in lieu thereof the following: 12-3-193. (a) The association shall be composed of the commissioner of natural resources or his or her designee and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. (b) The Governor shall appoint the chairperson of the association for a term of one year from among the members of the association which the Governor appoints. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The association shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The association may make such bylaws for its government as is deemed necessary but is under no duty to do so. (d) Any five members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid. (e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses,

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including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the association, for their services. (f) Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once in each year. SECTION 5 . Said title is further amended by striking in their entirety paragraphs (2), (3), and (6) of Code Section 12-3-194, relating to powers of Stone Mountain Memorial Association, generally, and inserting in lieu thereof, respectively, the following: (2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protection of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon; (3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; provided, however, that as provided in subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary for a public road right of way; (6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided however, that: (A) The association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreation Authorities Overview Committee; and (B) Except as contained in the master plan as it existed on January 1, 1995, no development shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Games for archery and for the velodrome shall be removed at the completion of the Olympic Games and the grounds returned to an undeveloped state. After the removal of such construction, only

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construction contained in the master plan as it existed on January 1, 1995, may take place in the natural district except as the master plan may be amended in accordance with Code Section 12-3-194.2. SECTION 6 . Said title is further amended by inserting immediately following Code Section 12-3-194.1 a new Code section to read as follows: 12-3-194.2. (a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the `natural district' shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor and that survey, as approved by the association members at a regularly scheduled public meeting of the association, shall become a part of the master plan. (b) The association may, from time to time, amend the master plan but only in compliance with the following procedure: (1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association; (2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the association shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications of the association; (3) The association shall transmit three copies of the summary provided for in paragraph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house 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 summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative

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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; (4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the association adopts the proposed amendment over the objection, the amendment 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 amendment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. 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 amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment 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 the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval; (5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; (6) A public hearing shall be held no earlier than 15 days after the most recent publication of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and (7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open

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and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection. SECTION 7 . Said title is further amended by striking in its entirety Code Section 12-3-231, relating to definitions relative to the Jekyll IslandState Park Authority, and inserting in lieu thereof the following: 12-3-231. As used in this part, the term: (1) `Authority' means the Jekyll IslandState Park Authority created by this part. (2) `Bonds' or `revenue bonds' means any bonds issued by the authority under this part, including refunding bonds. (3) `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; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by 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 project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under this part for such project. (4) `Master plan' means that document to be created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1. (5) `Park' means present and future parks, parkways, park and recreational resources and facilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall specifically include Jekyll Island State Park. (6) `Project' means any subdivision, hotel, cottage, apartment house, public building, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or more of the following: buildings and facilities, and all other structures, electric,

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gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia. SECTION 8 . Said title is further amended by striking in its entirety Code Section 12-3-233, relating to the membership of the Jekyll IslandState Park Authority and the appointment of members, and inserting in lieu thereof the following: 12-3-233. (a) The authority shall be composed of the commissioner of natural resources or his or her designee and eight residents of this state, two of whom shall be from Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden counties, to be appointed by the Governor. The eight members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. Except as provided in this Code section, the members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors. The first four appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. The sixth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1997. The seventh member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1998. The eighth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1999. Subsequent terms for those members appointed as the sixth, seventh, and eighth members, or their successors, shall be for four years. An appointment by the Governor to fill a vacancy shall be made for the unexpired term. (b) The Governor shall appoint the chairperson of the authority for a term of one year. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The authority shall elect one of its members as vice-chairperson and shall elect a secretary and treasurer who may not necessarily be a member of the authority. The chairperson shall be selected from among the members appointed by the Governor.

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(c) Five members of the authority shall constitute a quorum. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (d) The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (e) The members of the authority shall constitute the policy-making body of the authority. The authority shall employ a full-time executive director to execute the policy decisions of the authority and to provide continuing professional management of the day-to-day activities of the authority. SECTION 9 . Said title is further amended by striking in its entirety Code Section 12-3-234, relating to the accountability of the members of the Jekyll IslandState Park Authority as trustees, and inserting in lieu thereof the following: 12-3-234. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year. SECTION 10 . Said title is further amended by inserting immediately following Code Section 12-3-233 a new Code section to read as follows: 12-3-233.1. (a) The Governor shall appoint a body to be known as the Jekyll Island Citizens Resource Council. The purpose of the Citizens Resource Council shall be to improve, foster, and encourage communication and the exchange of thoughts and ideas between the authority and the community of persons interested in Jekyll Island including, but not limited to, residents of Jekyll Island; owners, operators, and employees of businesses located on or providing services to Jekyll Island; and environmental organizations. (b) The Citizens Resource Council shall consist of seven members. Three members shall be representative of the Jekyll Island residential and business community with two of these members being residents of Jekyll Island and one being an owner, manager, or employee of a business or commercial facility located on Jekyll Island. Four members

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shall be appointed at large. The term of each member shall be for two years, provided that of the members first appointed, three shall be appointed for terms of one year, and four for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms. (c) The Citizens Resource Council shall meet once a month. The meetings shall be attended by the authority's executive director and at least one member of the authority. Once in every calendar quarter, the meeting of the Citizens Resource Council shall be held as a town meeting at which comments and sentiments from the Jekyll Island community at large may be received. (d) The Citizens Resource Council shall be available to consult with the authority, if requested by the authority to do so, as to the authority's programs, projects and actions concerning Jekyll Island. The Citizens Resource Council may also, upon request of the authority, review and prepare written comments on proposed authority plans and projects. Such written comments may be submitted to the authority's executive director, the authority, and the Governor. (e) Members of the Citizens Resource Council shall serve without compensation, but its members who are not employees or officials of state or local governmental entities shall receive reimbursement from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties. SECTION 11 . Said title is further amended by striking in its entirety Code Section 12-3-235, relating to the powers of the Jekyll IslandState Park Authority generally, and inserting in lieu thereof the following: 12-3-235. The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To sell, by competitive bids, and dispose of all junk, salvage, and surplus materials, together with all obsolete, unused, or surplus machinery or equipment now or in the future upon or affixed to its leasehold property; and to apply the proceeds therefrom to permanent improvements on the island; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation; (5) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts

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with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee; (7) To accept loans and grants, either or both, of money or materials or property of any kind from the United States or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States or such agency or instrumentality, including the Department of Housing and Urban Development, may impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which power is not in conflict with the Constitution and laws of this state; (10) To act as agent for the United States or any agency, department, corporation, or instrumentality thereof, in any manner coming within the purposes or powers of the authority; (11) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (12) To receive gifts, donations, or contributions from any person, firm, or corporation; (13) To hold, use, administer, and expend, for any of the purposes of the authority, such sum or sums as may hereafter be received as income or as gifts or as may be appropriated by authority of the General Assembly;

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(14) To do any other things necessary or proper to beautify, improve, and render self-supporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world; (15) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part except from the funds provided under the authority of this part; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is authorized to execute, for and on behalf of the state, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and if the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority; (16) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes; (17) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to any department, board, commission, or agency of the State of Georgia to enter into contracts and lease agreements for the use of any structure, building, or facility, or a combination of

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any two or more structures, buildings, or facilities, of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the State of Georgia may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority; (18) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States, the State of Georgia, or any agency or instrumentality thereof; (19) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (20) To grant franchises to and make contracts with utility companies, both public and private, providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water, or sewerage services, for the use and occupancy of Jekyll Island or any part thereof, on an exclusive or nonexclusive basis; to permit the rendering of such utility services upon such conditions and for such time as the authority may deem appropriate or convenient; (21) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section; (22) To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided; (22.1) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority and located within the territorial limits of Jekyll Island, Georgia; and (23) To charge fees to all persons, natural and artificial, using or relying upon fire protection and suppression services or public safety services provided by the authority or the Uniform Division of the

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Department of Public Safety, which fees and each installment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the authority in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn. SECTION 12 . Said title is further amended by striking in its entirety subsection (a) of Code Section 12-3-243, relating to the subdivision, improvement, and alienation of certain property located on Jekyll Island, and inserting in lieu thereof the following: (a)(1) The authority is empowered to survey, subdivide, improve, and lease or sell to the extent and in the manner provided in this part, as subdivided and improved, not more than 35 percent of the land area of Jekyll Island which lies above water at mean high tide, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island will never be sold but will be kept free and open for the use of the people of the state. (2) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on the effective date of this paragraph. Section 13 . Said title is further amended by inserting immediately following Code Section 12-3-243 a new Code section to read as follows: 12-3-243.1. (a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of

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Jekyll Island which lies above water at mean high tide and shall designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. The master plan shall also delineate the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan. (b) In the creation of the master plan, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to develop, manage, preserve, and protect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (d). (d) The authority may, from time to time, amend the master plan but only in compliance with the following procedure: (1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain: (A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection,

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which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house with a copy of the information received. The presiding officers, or the Office of Legislative Counsel if the presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes, or has made, a standing written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan 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 a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of

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Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection. SECTION 14 . Said title is further amended by inserting immediately following paragraph (2) of Code Section 12-3-291, relating to definitions relative to the North Georgia Mountains Authority Act, a new subsection (2.1), to read as follows: (2.1) `Master Plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-294.1. SECTION 15 . Said title is further amended by striking in its entirety Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority and the appointment of members, and inserting in lieu thereof the following: 12-3-292. (a) The authority shall consist of nine members who shall serve terms of four years from the date of their appointment and shall be appointed by the Governor from the same persons who comprise the Board of Natural Resources. (b) The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The authority shall elect one of its members as vice-chairperson. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary but is under no duty to do so.

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(d) Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority. (f) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. SECTION 16 . Said title is further amended by striking in its entirety Code Section 12-3-293, relating to the accountability of the members of the North Georgia Mountains Authority as trustees, and inserting in lieu thereof the following: 12-3-293. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books together with the proper statement of the authority's financial position at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year. SECTION 17 . Said title is further amended by striking in its entirety Code Section 12-3-294, relating to the powers of the Authority generally, and inserting in lieu thereof the following: 12-3-294. The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire real and personal property of every kind and character by purchase or otherwise and to hold such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate purposes; to grant a security interest by deed, financing

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statement, or bill of sale; and to construct a project on lands held by the state; (3) To exercise the power of eminent domain; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, and to fix their compensation; (5) To make contracts, and to execute all instruments necessary or convenient, including contracts to borrow money; contracts for mortgages, security deeds, or other security interests; contracts for the construction of projects; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the authority or the state. The cost of any such project may be paid in whole or in part from funds of or available to the authority including but not limited to borrowed money, income, the proceeds of revenue bonds of the authority, and any grant from the United States or any agency or instrumentality thereof or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee; (7) To accept loans and grants, either or both, of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds from earnings of projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; (10) To act as agent for the United States, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;

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(11) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business; (12) To do any and all other acts and things in this part authorized or required to be done, whether or not included in the general powers mentioned in this Code section; (13) To receive gifts, donations, or contributions from any person, firm, or corporation; (14) To hold, use, administer, and expend such sum or sums as may hereafter be received from any source, including income or gifts, for any of the purposes of this authority; (14.1) To do any other things necessary or proper to foster and promote the involvement of private persons, firms, corporations, and partnerships in the development, construction, operation, and management of the authority's projects or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority; (15) To do any other things necessary or proper to beautify, improve, and render projects self-supporting, including the establishment and modification of all reasonable fees, rentals, and other charges of whatever kind it deems necessary; (16) To construct, maintain, and operate a project in White County, Georgia, to be known and designated as the `Georgia Recreation Experiment Station.' In connection with such project, the Governor is authorized to execute for and on behalf of the state a lease upon any and all lands owned and held by the state in such county to the authority for a period not to exceed 50 years, such land so leased to be used by the authority only in connection with such project; (17) To do all things necessary or convenient to carry out the powers expressly given in this part; and (18) Upon obtaining a license from the Department of Revenue, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; provided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The sales authorized by this paragraph shall be limited to hotels, motels, lodges, and convention halls and those auditoriums, club houses, meeting rooms, and restaurants related

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thereto. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted. The authority shall give at least 30 days' public notice by publication in the county organ of the county in which the property or facility is located of its intent to adopt such a resolution or to amend a previously adopted resolution. The authority shall hold a public hearing at a convenient time and location in such county at least 15 days prior to adopting such a resolution to hear public comments. Any such resolution or amendment to a previously adopted resolution shall be adopted only at an open and public meeting of the authority after the required public notice has been given and the required public hearing has been held. SECTION 18 . Said title is further amended by inserting immediately following Code Section 12-3-294 a new Code section to read as follows: 12-3-294.1. (a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-291. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. (b) In the creation of a master plan for a project, the Authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the Authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to development, manage, preserve and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d) of this Code section. (d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure: (1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority;

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(2) After the proposed amendment is presented publicly at a regular meeting of the Authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain: (A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes, or has made, a written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred

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to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan 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 a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally or historically sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the Authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection. SECTION 19 . Said title is further amended by inserting immediately following paragraph (3) of Code Section 12-3-310, relating to definitions relative to the Lake Lanier Islands Development Authority, a new paragraph to read as follows: (3.1) `Master plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-314.1. SECTION 20 . Said title is further amended by striking in its entirety Code Section 12-3-312, relating to the membership of the Lake Lanier Islands Development Authority and the appointment of members, and inserting in lieu thereof the following:

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12-3-312. (a) The authority shall consist of nine members as follows: the commissioner of natural resources or his or her designee and eight additional members appointed by the Governor as follows: (1) Five members from the state at large; (2) One member from Forsyth County; (3) One member from Hall County; and (4) One member from Gwinnett County. Each member appointed by the Governor under this Code section shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor, and until his or her successor is appointed and has qualified. (b) The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The members of the authority shall elect one of their members as vice-chairperson. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary, but it is under no obligation to do so. (d) Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (f) All members of the authority shall immediately enter upon their duties without further act or formality. SECTION 21 . Said title is further amended by striking in its entirety Code Section 12-3-313, relating to the accountability of the members of the Lake Lanier

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Islands Development Authority as trustees, and inserting in lieu thereof the following: 12-3-313. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books together with the proper statement of the authority's financial position once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year. SECTION 22 . Said title is further amended by striking in its entirety Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Development Authority generally, and inserting in lieu thereof the following: 12-3-314. The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; (4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States or any agency

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or instrumentality thereof, or the State of Georgia, any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States or such agency or instrumentality, including the Department of Housing and Urban Development, may impose; (7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (8) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (9) To act as agent for the United States, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority; (10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal, or local government or governing body; (12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, gifts, or appropriations by authority of the General Assembly for any of the purposes of this authority; (13) To do any other things necessary or proper to beautify, improve, and render self-supporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world; (14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or

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any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to the islands at reasonable rates to be determined exclusively by the authority; (16) To operate for hire boats, taxicabs, trains, trolleys, and other vehicles, systems, and facilities and other activities designed for the transportation of persons and property on the islands; to provide concessions, off-street parking, and other facilities for the comfort, safety, and convenience of visitors and other persons on the islands; (17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; (19) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section; or (20) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only: (A) Upon property owned or controlled by the authority and located within the territorial limits of property controlled by the authority; and (B) Upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property. The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted.

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SECTION 23 . Said title is further amended by inserting immediately following Code Section 12-3-314 a new Code section to read as follows: 12-3-314.1. (a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-310. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive and active use areas. (b) In the creation of a master plan for a project, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to development, manage, preserve, and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d). (d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure: (1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain: (A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;

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(B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amendment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes or has made a written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan 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 a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of

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the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection. SECTION 24 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 25 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1995. CRIMES AND OFFENSES COMMISSION OF CRIME BY CONVICTED FELON THROUGH USE OF FIREARM; RIOT IN PENAL INSTITUTION; PENALTIES. Code Sections 16-11-133 and 16-10-56 Enacted. No. 12 (House Bill No. 87). AN ACT To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a convicted felon through the use of a firearm; to provide for definitions; to provide for penalties upon first and subsequent convictions; to provide for separate offenses; to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide for the offense of riot in a penal institution;

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to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . 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 adding at the end thereof a new Code Section 16-11-133 to read as follows: 16-11-133. (a) As used in this Code section, the term: (1) `Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. (2) `Firearm' includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit: (1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31. and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code

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section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. (d) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense. SECTION 1.1 . Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, is amended by adding at the end thereof a new Code Section 16-10-56 to read as follows: 16-10-56. (a) Any person legally confined to any penal institution of this state or of any political subdivision of this state who commits an unlawful act of violence or any other act in a violent or tumultuous manner commits the offense of riot in a penal institution. (b) Any person who violates subsection (a) of this Code section is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than 20 years. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1995. CRIMES AND OFFENSES DISCHARGING FIREARM WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS; HANDGUN REGULATION; CRIMINAL BACKGROUND CHECKS; LOCAL GOVERNMENT REGULATORY AUTHORITY RESTRICTED; PENALTIES; VARIOUS RELATED PROVISIONS. Code Section 16-11-133 Enacted. Code Title 16, Chapter 11, Article 4, Part 5 Enacted. Code Sections 35-3-34, 35-3-37, and 15-9-60 Amended. No. 13 (Senate Bill No. 58). AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that it shall be unlawful for any person to discharge any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide a penalty; to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a handgun; to provide for

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legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regulations of handguns; to define certain terms; to require certain information from a potential purchaser of a handgun; to provide for criminal history and involuntary hospitalization records checks; to provide for transaction numbers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bureau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bureau and licensed firearms dealers with respect to potential buyers of firearms; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a handgun; to provide that if a person is denied the right to purchase a handgun based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the records; to provide that persons who are prohibited from purchasing or transporting a handgun based on a background check evidencing involuntary hospitalization shall be entitled to a hearing before the committing court; to provide procedures; to authorize the committing court to make a determination as to a person's competency to possess or transport a handgun; to provide for amendments to certain criminal records or records of involuntary hospitalization; to provide procedures; to provide for certain actions to have erroneous records corrected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain exceptions with respect to the transfer of a handgun as collateral for a loan or as pledged goods in a pawn transaction; to prohibit certain acts in connection with the sale or purchase of handguns; to prohibit the breach of confidentiality with respect to certain records; to provide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to licensed firearms dealers concerning potential purchasers or transferees of handguns; to require the probate courts and the clerks of the superior courts to perform certain duties with respect to furnishing certain information to the Georgia Crime Information Center; to require the center to provide certain information to a potential purchaser or transferee of a handgun; to provide for the purging of certain records of the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conducting a hearing to determine eligibility to purchase a handgun; to provide for other matters relative to the foregoing;

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to provide an effective date; to provide for the automatic repeal of a portion of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by inserting immediately following Code Section 16-11-132 a new Code section to read as follows: 16-11-133. (a) It shall be unlawful for any person to discharge a firearm while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property; (2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

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SECTION 2 . Said article is further amended by adding at the end thereof a new Part 5 to read as follows: Part 5 16-11-170. (a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a state background check law. (b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(1)(D). 16-11-171. As used in this part, the term: (1) `Bureau' means the Georgia Bureau of Investigation. (2) `Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (3) `Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43. (4) `Handgun' means a pistol or revolver or other handgun defined in Code Section 16-11-131 which has a short stock and is designed to be held and fired by the use of a single hand. (5) `Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17. 16-11-172. On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until: (1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated

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by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee; (2) The dealer has inspected identification containing a photograph of the potential buyer or transferee; (3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check; (4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a handgun by the transferee would be in violation of federal or state law; and (5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form. 16-11-173. (a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensee's call or by return call: (1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and (2) Inform the licensee making the inquiry that its records demonstrate that the potential buyer or transferee is so prohibited or provide the licensee with a unique transaction number. (b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a handgun, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licensee shall not complete the sale of the handgun until the bureau advises the licensee that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a handgun under state or federal law. 16-11-174. (a) In the event of electronic failure, scheduled computer downtime, or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code

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Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. If the delay is expected to extend beyond the close of business of the day the request is made, the firearm dealer may complete the transaction immediately without being a violation of this part. After such notification, the bureau shall forthwith, and in no event later than the end of the day the request is made by the licensee, either inform the requesting licensee if its records demonstrate that the potential buyer is prohibited from receipt or possession of a handgun under state or federal law or provide the licensee a unique transaction number. Unless notified by the close of business the day the request is made that the potential buyer is so prohibited, and without regard to whether he or she has received a unique transaction number, the licensee may complete the transaction and shall not be deemed in violation of this part. (b) A licensed dealer is not required to comply with the requirements of this part in the event of unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of such premises or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee. 16-11-175. The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173. 16-11-176. The bureau shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law. 16-11-177. The bureau shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section. 16-11-178. (a) Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this part may

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request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of residence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172. (b) In addition to other provisions of law relating to prohibitions against possessing or transporting a handgun, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a handgun shall be prohibited from purchasing or possessing a handgun; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evidence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a handgun as a result of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase a handgun, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172. (c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information for damages, including consequential damages, injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part of the costs. 16-11-179. The bureau shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment. 16-11-180. Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any handgun which has been

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shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or who has been involuntarily hospitalized. 16-11-181. (a) The provisions of this part shall not apply to: (1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; (2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11; (4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and (5) Peace officers certified by the Georgia Peace Officer Standards and Training Council. (b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a [Illegible Text] transaction and such transaction has been carried out pursuant to the provisions of this part upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or reclaiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year. 16-11-182. (a) Any licensed dealer or any government official who willfully and intentionally requests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intentionally disseminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony. (b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to Code Section

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16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor. (c) Any licensed dealer who willfully and intentionally sells or delivers a handgun in violation of this part shall be guilty of a misdemeanor. (d) Any purchaser or owner of a firearm who willfully and intentionally transfers the firearm at any time to a person who he or she knows to be prohibited from possession of a handgun by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. 16-11-183. The bureau shall provide the Speaker of the House of Representatives and the President of the Senate an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178. 16-11-184. (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (b) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components. (c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government. (d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring

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the ownership of guns by heads of households within the political subdivision. (e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation. SECTION 3 . Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsections (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.1) to read as follows: (d.1)(1) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or transferee of a handgun is prohibited from purchasing or possessing a handgun by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177. (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to meet the requirements

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of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period. SECTION 4 . Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows: (f) If the center has notified a firearms dealer that a person is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun. SECTION 5 . Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new paragraph (29) to read as follows: (29) For hearing to determine eligibility to purchase a handgun 30.00 SECTION 6 . Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CC) to read as follows: (CC) For hearing to determine eligibility to purchase a handgun 30.00 SECTION 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but shall only apply to the sale or transfer of handguns on and after January 1, 1996; provided, however, that no local ordinance which was in effect on the effective date of this Act shall be affected by Code Section 16-11-184 until January 1, 1996, at which time,

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unless enacted subsequent to the effective date of this Act as provided by that Code section, any such ordinance shall be of no further force or effect. No ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995. SECTION 8 . Code Sections 16-11-170 through 16-11-183 enacted by Section 2 of this Act; subsection (d.1) of Code Section 35-3-34 enacted by Section 3 of this Act; subsection (f) of Code Section 35-3-37 enacted by Section 4 of this Act; paragraph (29) of subsection (a) of Code Section 15-9-60 enacted by Section 5 of this Act; and subparagraph (e)(1)(CC) of Code Section 15-9-60 enacted by Section 6 of this Act shall be repealed automatically upon a final judicial determination that such Act is invalid for any reason. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1995. CONSERVATION AND NATURAL RESOURCES POLLUTANT DISCHARGE PERMITS; NUMERIC EFFLUENT LIMITATIONS; BEST MANAGEMENT PRACTICES; DEFENSE TO NONCOMPLIANCE ALLEGATIONS; PENALTIES; MONITORING; MAXIMUM ALLOWABLE TURBIDITY FOR STORM-WATER RUNOFF; ENFORCEMENT ACTIONS; TROUT STREAM BUFFERS FOR SINGLE-FAMILY HOME CONSTRUCTION. Code Sections 12-5-30, 12-7-6, 12-7-8, and 12-7-17 Amended. No. 14 (Senate Bill No. 375). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may include numeric effluent limitations or may substitute best management practices in certain permits for the discharge of pollutants; to provide for best management practices in relation to certain land-disturbing activities; to provide that adherence to such best management practices shall constitute a defense to any allegation of noncompliance with the terms of certain permits; to provide for penalties for failure to adhere to such practices with certain results; to provide for the monitoring of certain waters; to change certain provisions relating to the maximum allowable turbidity allowed in storm-water runoff; to change provisions relating to the authority of the director to initiate enforcement action; to provide for buffers along certain trout streams for single-family home construction; to

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provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (f) of Code Section 12-5-30, relating to the construction, modification, or operation of facilities which discharge pollutants into waters of the state, and inserting in lieu thereof the following: (f) The director may issue general permits for discharges of pollutants from categories of point sources which are subject to the same permit limitations and conditions. Such general permits may be issued without individual applications. At the discretion of the director, numeric effluent limitations and effluent monitoring provisions may be included in general permits or best management practices may be substituted for numeric effluent limitations without a showing that it would be infeasible to include effluent limitations; provided, however, that the director shall incorporate the provisions related thereto as provided in paragraphs (1), (2), and (3) of subsection (a) of Code Section 12-7-6 into any general permit issued for the discharge of storm water from construction activity. SECTION 2 . Said title is further amended by striking in its entirety Code Section 12-7-6, relating to the minimum requirements for certain rules, regulations, ordinances, or resolutions, and inserting in lieu thereof the following: 12-7-6. (a) (1) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms `proper design' and `properly designed' mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25 year rainfall event. (2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by

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the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. (3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs. (4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the `Manual for Erosion and Sediment Control In Georgia' published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regarding, and other development activities shall be conducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable;

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(9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible; provided, in any case, that such crossings must be kept to a minimum; (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (a) of this Code section; (15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph; and (16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as `trout streams' pursuant to Article 2 of Chapter 5 of this title unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. (c) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances, or resolutions which

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contain requirements that exceed the minimum requirements in subsections (a) and (b) of this Code section. (d) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the terms of the permit. SECTION 3 . Said title is further amended by striking in its entirety subsection (d) of Code Section 12-7-8, relating to the certification of a local governing authority as an issuing authority, and inserting in lieu thereof the following: (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an issuing authority. SECTION 4 . Said title is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 12-7-17, relating to exemptions from Chapter 7 of Title 12, and inserting in lieu thereof the following: (4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams

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flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority; SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1995. PUBLIC ROADS SINGLE-TRIP EMERGENCY PERMITS FOR LOADS AND VEHICLES OVER 16 FEET WIDE AND MAXIMUM LENGTH. Code Section 32-6-28 Amended. No. 130 (Senate Bill No. 318). AN ACT To amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of vehicles on public roads, so as to provide for single-trip emergency permits for vehicles and loads in excess of 16 feet wide; 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 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of vehicles on public roads, is amended by adding, following subparagraph (c)(3)(E), a new subparagraph (F) to read as follows: (F) In emergency situations or in situations where it is deemed there is no alternate method of movement, as determined by the commissioner or his or her designee, vehicles and loads in excess of 16 feet wide and the maximum lengths allowed 100.00

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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 March 29, 1995. GAME AND FISH COMMERCIAL CRABBING LICENSING AND REGULATION. Code Title 27 Amended. No. 131 (House Bill No. 264). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for a commercial crabbing license; to provide for license fees; to provide for the restriction of activities related to commercial crabbing by certain persons; to provide for exceptions; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following subparagraph (B) of paragraph (5) of Code Section 27-2-23, relating to license, permit, tag, and stamp fees, the following: (C) Resident commercial crabbing license Season $ 12.00 (D) Nonresident commercial crabbing license Season $118.00 SECTION 2 . Said title is further amended by striking in its entirety Code Section 27-4-110, relating to the requirement of a commercial fishing license, and inserting in lieu thereof the following: 27-4-110. It shall be unlawful for any person other than a person in possession of a valid commercial crabbing license as provided for in Code Section 27-4-150 to engage in commercial fishing in any of the salt waters of this

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state without first obtaining a commercial fishing license. Such license shall be separate and distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8. SECTION 3 . Said title is further amended by striking in its entirety Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, and inserting in lieu thereof the following: 27-4-150. (a) It shall be unlawful for any person to take or possess in this state any crab, other than a mature adult female crab, measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess peelers measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this subsection may not be intentionally killed and must be returned to the salt waters of this state as soon as possible; provided, however, nothing in this subsection shall prohibit any person from importing, transporting, or possessing crabs when such person can provide documentary evidence showing that the crabs were taken outside this state. (b) It shall be unlawful for any person other than a licensed commercial fisherman or licensed commercial crab fisherman to take or possess commercial quantities of crabs, other than soft-shelled crabs, during any 24 hour period; provided, however, nothing in this subsection shall be construed to prohibit a person from possessing commercial quantities of such crabs when the person can provide documentary evidence showing that the crabs were purchased from a licensed commercial fisherman, a licensed commercial crab fisherman, or any person licensed to engage in the business of selling seafood or were purchased outside this state. (c) (1) It shall be unlawful for any person other than a licensed commercial crab fisherman or a licensed soft-shell crab dealer to take or possess peelers in commercial quantities; provided, however, it shall be lawful for any person to possess such amount of peelers when the person can provide documentary evidence showing that the peelers were purchased from a licensed soft-shell crab dealer or any person licensed to engage in the business of selling seafood or were purchased outside the state. (2) It shall be unlawful for any person taking peelers to sell the peelers to any person other than a licensed soft-shell crab dealer. (3) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial crab fisherman or another soft-shell crab dealer, provided that it shall be lawful for a soft-shell crab dealer to purchase peelers from any person outside this state, or from outside this state.

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(d) It shall be unlawful for any person other than a licensed soft-shell crab dealer to operate a shedding facility for commercial purposes. (e) (1) The department shall begin issuing commercial crabbing licenses on April 1, 1995, or the effective date of this subsection, whichever date is later; provided, however, that until July 1, 1997, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23. (2) Except as provided in Code Section 27-4-133, from April 1, 1995, or the date this subsection became effective, whichever is later, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8. SECTION 4 . Said title is further amended by striking in their entirety subsections (c) and (d) of Code Section 27-4-151, relating to the use of crab traps, and inserting in lieu thereof, respectively, the following: (c) It shall also be unlawful to set or place in the salt waters of this state any commercial crab trap which does not have attached a float with such alphanumeric identification as is assigned by the department to the owner of the trap. Such alphanumeric identification shall be at least one inch in height, of a color which contrasts with the color of the float, of block character, and spaced so as to be readable from left to right. The alphanumeric identification shall be assigned by the department to the owner of the trap when the owner is issued his or her commercial crabbing license. For subsequent years, the same alphanumeric identification shall be assigned to such commercial crab fisherman. (d) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual carrying on his or her person written permission from the licensed

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commercial crab fisherman if the department has been previously notified of such permission, to take crabs from such trap or intentionally to damage, destroy, or remove from the water any crab trap or float thereof. SECTION 5 . Said title is further amended by striking in its entirety subsection (h) of Code Section 27-4-151, relating to the use of crab traps, which reads as follows: (h) Notwithstanding any other provision of this title, it shall not be unlawful to fail to attach a float to a commercial crab trap which is securely affixed to a privately owned dock, provided the permission of the owner of the dock has first been obtained; provided, further, nothing in this title shall be construed to require a person to obtain a commercial fishing license to take crabs with one commercial crab trap which is 2[prime] X 2[prime] or smaller when (1) the trap is securely affixed to a privately owned dock, (2) the person has previously obtained the permission of the owner of the dock, and (3) the crabs are not sold., and inserting in lieu thereof the following: (h) Nothing in this title shall be construed to require any individual to obtain a commercial fishing license or a commercial crabbing license when such person is deploying six or fewer crab traps in the salt waters of this state to take crabs for personal consumption; provided, however, that each crab trap measures 2 feet by 2 feet or smaller; a float clearly marked with the owner's name and address is attached to each crab trap; the quantity of crabs taken or possessed by such person does not exceed one bushel per person or 2 bushels per boat when the boat is occupied by more than one person; and the crabs are not sold. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1995. STATE PROPERTY CONVEYANCE TO RICHMOND COUNTY. No. 2 (Senate Resolution No. 248). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease

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agreement, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; and WHEREAS, said real property is all that tract or parcel of land containing 50.0 acres of land situate, lying and being in the 123rd G. M. District of Richmond County, Georgia, and being more particularly shown and delineated on a certain March 16, 1974, Plat of Survey prepared for State of Georgia for Department of Human Resources by Jamie Golden, Georgia Registered Land Surveyor No. 1680, and entitled PLAT SHOWING PROPERTY SURVEYED FOR STATE OF GEORGIA FOR DEPT. OF HUMAN RESOURCES; and WHEREAS, in 1931, the State of Georgia purchased approximately 30.0 acres of the above-described 50.0 acre tract and Richmond County gave the State of Georgia the remaining 20.0 acres of said tract; and WHEREAS, the State Properties Commission, acting by virtue of and pursuant to the authority granted by Resolution Act No. 94 passed by the General Assembly in its 1974 regular session and approved by the Governor on March 21, 1974, (Ga. L. 1974, p. 612), entered into a lease agreement with the Augusta Association for Retarded Children, Inc., a Richmond County, Georgia, nonprofit corporation, said agreement dated August 30, 1974 (hereinafter Lease Agreement), leasing said parcel of real property to the Augusta Association for Retarded Children, Inc., for a term of six years commencing August 30, 1974, and ending August 29, 1980; and WHEREAS, the State Properties Commission and the Augusta Association for Retarded Children, Inc., on March 7, 1977, entered into an agreement to amend the aforesaid Lease Agreement (hereinafter Amendment to Lease Agreement), to, among other things, change the term of the Lease Agreement to a term of 50 years commencing August 30, 1974, and ending August 29, 2024; and WHEREAS, Richmond County is desirous of obtaining ownership of said parcel of real property subject to all stipulations, provisions, terms, covenants, agreements, and conditions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement; and WHEREAS, said parcel of real property is surplus to the needs of the State of Georgia; and WHEREAS, a portion of said parcel of real property was originally conveyed to the state by Richmond County.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property, subject to all stipulations, provisions, terms, covenants, agreements, and conditions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement, may be conveyed by appropriate instrument to Richmond County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of the 30.0 acre tract which was previously purchased by the State of Georgia and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 4 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Richmond County. SECTION 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 29, 1995. EMINENT DOMAIN PETROLEUM PIPELINES; PROCEDURES AND RESTRICTIONS. Code Title 22, Chapter 3, Article 4 Revised. No. 157 (Senate Bill No. 24). AN ACT To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legislative findings; to

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authorize the use of the power of eminent domain for petroleum pipelines; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines; to provide for procedures for the use of eminent domain by a petroleum pipeline company; to provide for notice and a hearing on the proposed siting of a pipeline; to provide for rules and regulations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, is amended by striking Article 4, relating to construction and operation of petroleum pipelines, in its entirety and inserting in lieu thereof the following: ARTICLE 4 22-3-83. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia. SECTION 2 . Said chapter is further amended by striking Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows: ARTICLE 4 22-3-80. The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies. 22-3-81. As used in this article: (1) `Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state.

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(2) `Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products. (3) `Pipeline facility' or `pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline. 22-3-82. (a) Subject to the provisions and restrictions of this article, pipeline companies are granted the right to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; provided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type: `CODE SECTIONS 22-3-80 THROUGH 22-3-87 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.' (b) The restrictions and conditions imposed by this article on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-83 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting

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additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84. (d) The owner of any property or property interest which is entered by a pipeline company for the purpose of surveying such property, as allowed herein, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article shall be conducted in such a fashion as to cause minimal damage to the property surveyed. 22-3-83. (a) Before exercising the right of eminent domain as authorized in this article, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner shall prescribe regulations pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include: (1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route; (3) Provision for a hearing on the application and the filing and hearing of any objections to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; (5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.

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(d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record before the commissioner. The action of the commissioner shall be affirmed if supported by substantial evidence. 22-3-84. (a) In addition to obtaining a certificate as required in Code Section 22-3-83, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' issue rules and regulations governing the obtaining of the permit provided for in subsection (a) of this Code section which shall include: (1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-82; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appropriate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline is consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code section, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline;

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(3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; and (4) That ample opportunity has been afforded for public comment, specifically including but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located. (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the surrounding environment and natural resources. (d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (1) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. 22-3-85. All hearings and appeals on applications for certificates and permits required under this article shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code Section 22-3-84 shall be governed by Code Section 12-2-1. 23-3-86. When a pipeline company which has obtained the certification and permits required in this article is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or interest, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title. 22-3-87. If the portion of the petroleum pipeline route chosen and approved pursuant to Code Section 22-3-84 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.

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22-3-88. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia. SECTION 3 . Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1995. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1995. PUBLIC UTILITIES CONSUMERS' UTILITY COUNSEL DIVISION OF GOVERNOR'S OFFICE OF CONSUMER AFFAIRS CREATED; APPOINTMENT, QUALIFICATIONS, POWER, AND DUTIES OF DIVISION DIRECTOR; EXCEPTION TO PROHIBITIONS ON TRANSACTIONS WITH STATE AGENCIES. Code Title 46, Chapter 10 Amended. Code Section 45-10-25 Amended. No. 158 (House Bill No. 332). AN ACT To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to create the consumers' utility counsel division of the Governor's Office of Consumer Affairs; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to make conforming amendments; to provide for the transfer and continued employment of personnel; 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 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 10 to read as follows:

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CHAPTER 10 46-10-1. The General Assembly recognizes the importance of effective and economical public utilities to the economy of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate utility services at the lowest reasonable cost to the consumer while maintaining the ability of public utilities to furnish their products and services. It is further recognized that consumers should receive the benefit of technological advances. It is further recognized that the Public Service Commission has been established for the purpose of regulating public utilities and the rates which they charge the consumer and that the commission is responsible for representing the public interest. The General Assembly is aware, however, that the commission must be furnished with all available information concerning the effects of its decisions in rate cases and proceedings before it. It is the purpose of this chapter to ensure that the commission receives such information, particularly in those cases which directly involve the vast majority of Georgia's citizens. 46-10-2. As used in this chapter, the term: (1) `Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) `Consumer' means an individual user, primarily for personal, family, or household purposes, of the product or service of a public utility which is under the jurisdiction of the commission. This term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the commission and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. (3) `Director' means the director of the consumers' utility counsel division of the Governor's Office of Consumer Affairs. (4) `Division' means the consumers' utility counsel division of the Governor's Office of Consumer Affairs. (5) `Governor's Office of Consumer Affairs' means the office of the administrator created in Code Section 10-1-395. 46-10-3. There is created the consumers' utility counsel division within the Governor's Office of Consumer Affairs. There is created the position of director of the consumers' utility counsel division. The director shall be appointed and removed by the administrator. The director shall be a

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practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The director shall receive compensation in an amount to be determined by the administrator, but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the director shall also receive reimbursement for his or her reasonable and necessary expenses incurred in the performance of his or her duties, as provided by law for state employees. No person employed as director of the consumers' utility counsel division shall engage in the private practice of law while employed as director of the consumers' utility counsel division. The director shall submit a written report of the annual activities and expenditures of the division. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Georgia House of Representatives and to the Finance and Public Utilities Committee of the Georgia Senate. 46-10-4. (a) The director shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the commission in all proceedings before the commission which may involve or affect rates for service or services of utilities and in all other proceedings before the commission under its regulatory jurisdiction over utilities. (b) The director may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to public utility services provided by any public utility doing business in this state. (c) The director shall be authorized in the same representative capacity to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. (d) The director shall be authorized in the same representative capacity to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any action taken by an administrative agency in a proceeding in which the director is authorized to appear under subsection (a), (b), or (c) of this Code section. 46-10-5. (a) In addition to other requirements of service and notice imposed by law, a copy of any application, complaint, pleading, or notice filed with or issued by the commission shall also be served on the director, and the director shall be notified of any other correspondence or paper filed

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with or issued by the commission or its staff. The commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the director is entitled to appear unless it shall affirmatively appear that the director was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the director appears and specifically waives such notice. (b) The director is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. The superior courts and the judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection. 46-10-6. The director is authorized to employ such assistants as he or she may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, as may be necessary to carry out his or her duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the office of the Governor for such purposes. The division shall keep suitable and proper records of all such expenditures. The compensation of the director and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes. 46-10-7. Services of all engineers, experts, accountants, and other technical assistants employed by the commission shall be available to the director in the performance of his or her duties; and such engineers, experts, accountants, and technical assistants shall make such appraisals and audits as the director, with the approval of the commission, may request. The director and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the commission to the same extent as the members of the commission and its staff have access thereto and subject to the same limitations imposed on the use thereof by the members of the commission and its staff.

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46-10-8. This chapter shall not be construed to prevent any party interested in any proceeding or action before the commission, any court, or any administrative body from appearing in person or by counsel in such proceeding or action. SECTION 2 . Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, is amended by striking paragraph (9) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows: (9) Any transaction involving the Public Service Commission's employment of any state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the consumers' utility counsel division of the office of the administrator created in Code Section 10-1-395 in fulfilling its duties and responsibilities under Title 46. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the employee may not provide services to the Georgia Public Service Commission during such times as he or she is regularly scheduled to be at his or her primary place of employment unless the employee has received permission to do so from his or her regular employer or unless the employee is on annual leave or leave without pay;. SECTION 3 . Upon the effective date of this Act, all personnel employed by the consumers' utility counsel shall become employees of the consumers' utility counsel division of the Governor's Office of Consumer Affairs. SECTION 4 . This Act shall become effective on March 31, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1995.

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REVENUE AND TAXATION SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; CERTAIN USES OF PROCEEDS; BALLOT QUESTIONS; REIMPOSITION; CERTAIN EXEMPTIONS REGARDING STATE DEBT NOT APPLICABLE TO CERTAIN LOCAL TAXES. Code Section 48-8-111, 48-8-111.1, 48-8-112, 48-8-121, and 50-17-29 Amended. No. 159 (House Bill No. 161). AN ACT To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to provide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths; to make provisions for the applicability of certain provisions regarding the contents of required ballot questions relating to the tax; to provide that a consolidated government shall be authorized to levy a special county 1 percent sales and use tax for certain capital outlay projects without the requirement that such consolidated government own or operate such projects with one or more municipalities or contract with one or more municipalities with respect to such projects; to change the proceedings for the reimposition of the tax during the time such tax is in effect; to clarify proceedings for the reimposition of the tax following the expiration of such tax; to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide that such exemptions shall not apply to certain local taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, is amended by striking subparagraph (a)(1)(A) of Code Section 48-8-111, relating to the procedure for imposition of the tax, and inserting in its place a new subparagraph (a)(1)(A) to read as follows: (A) Road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths;. SECTION 2 . Said article is further amended by adding a new subsection immediately following subsection (c) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, to be designated subsection (c.1), to read as follows:

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(c.1) Notwithstanding any provision of this article to the contrary, if a county governing authority has on or after February 1, 1994, and prior to March 31, 1994, adopted an ordinance or resolution with respect to taxes imposed or to be imposed under this article and if such tax is imposed or is to be imposed solely for road, street, and bridge purposes, the election conducted pursuant to such ordinance or resolution shall be valid if the ballot conforms either to the requirements of subsection (c) of this Code section as it existed prior to January 1, 1993, or the requirements of subsection (c) of this Code section on or after January 1, 1993. This subsection shall stand repealed in its entirety on December 31, 1999. SECTION 3 . Said article is further amended by striking Code Section 48-8-111.1, relating to the application of such article to consolidated governments, and inserting in its place a new Code Section 48-8-111.1 to read as follows: 48-8-111.1. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of this article. (b) The tax authorized by this article, if imposed by a consolidated government, shall not be subject to any maximum period of time for which the tax may be levied if general obligation debt is to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolution or ordinance calling for the imposition of the tax shall state the maximum amount of revenue to be raised by the tax, and the tax shall terminate as provided in paragraph (1) or (3) of subsection (b) of Code Section 48-8-112. (c) A consolidated government shall be authorized to levy a tax for any capital outlay project provided for in subparagraphs (a)(1)(C), (a)(1)(D), and (a)(1)(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly with a municipal authority, owning or operating such projects with one or more municipalities, or entering into a contract with one or more municipalities with respect to such project. (d) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county. SECTION 4 . Said article is further amended by striking subsection (c) of Code Section 48-8-112, relating to the dates of imposition and termination of a special

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county 1 percent sales and use tax, and inserting in its place a new subsection (c) to read as follows: (c)(1) No county shall impose at any time more than a single 1 percent tax under this article. (2) A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the Commissioner may, if feasible administratively, waive the limitations of subsection (a) to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for initial imposition of such tax. SECTION 5 . Said article is further amended by striking subsection (b) of Code Section 48-8-121, relating to the use of the proceeds of the special county 1 percent sales and use tax, and inserting in its place a new subsection (b) to read as follows: (b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, bridges, sidewalks, and bicycle paths both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes. SECTION 6 . Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, is

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amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows: (e) Exemption from taxation . (1) Except as otherwise provided in paragraph (2) of this subsection, no city, county, municipality, or other political subdivision of this state shall impose any tax, assessment, levy, license fee, or other fee upon any contractors or subcontractors as a condition to or result of the performance of a contract, work, or services by such contractors or subcontractors in connection with any project being constructed, repaired, remodeled, enlarged, serviced, or destroyed for, or on behalf of, the state or any of its agencies, boards, bureaus, commissions, and authorities; nor shall any city, county, municipality, or other political subdivision of this state include the contract price of or value of such contract, work, or services performed on such projects in computing the amount of any tax, assessment, levy, license fee, or other fee authorized to be imposed on any contractors or subcontractors. (2) The exemption provided for in paragraph (1) of this subsection shall not apply to any local sales tax, local use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48. 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 30, 1995. STATE PROPERTY CONVEYANCES TO MAYME JO HOOD, MARY ELIZABETH MILLER, AND BENNIE L. AND VORA ELAINE HUDSON. No. 3 (Senate Resolution No. 269). A RESOLUTION Authorizing the conveyance of certain state owned real properties located in Bartow County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of three certain parcels of real property located in Bartow County, Georgia; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Bartow County, Georgia, lying in and being a part of the Western and Atlantic Railroad right of way containing approximately 0.15 of one acre, 0.10 of one acre, and 0.32 of one acre, respectively, in the City of Kingston as described on a drawing in the offices of the State Properties Commission and which will be more particularly described on a plat of survey provided by the purchaser and presented to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the State Properties Commission and a portion is leased to CSX Transportation, Inc.; and WHEREAS, adjoining property owners Mayme Jo Hood, Mary Elizabeth Miller, and Bennie L. and Vora Elaine Hudson are desirous of acquiring that certain parcel which adjoins each of such person's residential property for inclusion in each such person's home site. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That a parcel of the above-described real property which is adjacent to the property of Mayme Jo Hood shall be conveyed to Mayme Jo Hood, that a parcel of the above-described real property which is adjacent to the property of Mary Elizabeth Miller shall be conveyed to Mary Elizabeth Miller, and that a parcel of the above-described real property which is adjacent to the property of Bennie L. and Vora Elaine Hudson shall be conveyed to Bennie L. and Vora Elaine Hudson by and through the State Properties Commission for a consideration of the fair market value of each such parcel but not less than $650.00 for each such parcel of property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the conveyances of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc. (formerly known as the Louisville Nashville Railroad Company, and Seaboard System Railroad), conveying its interest in said property to the State of Georgia by appropriate instrument.

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SECTION 4 . That the authorization in this resolution to convey parcels of the above-described property to Mayme Jo Hood, Mary Elizabeth Miller, and Bennie L. and Vora Elaine Hudson shall expire three years after the date that this resolution becomes effective. SECTION 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances. SECTION 6 . That the deeds of conveyance shall be recorded by the purchasers in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY LEASE TO GWINNETT/ROCKDALE/NEWTON CREATIVE ENTERPRISES, INC. No. 4 (Senate Resolution No. 226). A RESOLUTION Authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Gwinnett County, Georgia; and WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in Gwinnett County, Georgia, more particularly described as follows: All that tract or parcel of land containing 2.212 acres and situated, lying and being in Land Lot 13 of the 7th Land District of Gwinnett County, Georgia, and being more particularly shown and delineated on a certain April 18, 1977, Plat of Survey prepared for the State of Georgia, Dept. of Human Resources, by Gwinnett County Engineering Department, more particularly William F. Rolader, Georgia Registered Land Surveyor No.

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2042 and entitled SURVEY FOR: STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES.; and WHEREAS, said property is under the custody of the Department of Human Resources; and WHEREAS, said parcel is currently leased to Gwinnett/Rockdale/Newton Creative Enterprises, Inc.; and WHEREAS, Gwinnett/Rockdale/Newton Creative Enterprises, Inc., is desirous of leasing the above-described state property for a longer period of time in order to make certain improvements; and WHEREAS, the Department of Human Resources has no objection to the long-term leasing of the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the referenced hereinabove described improved real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., for a period of 25 years commencing with the execution of the lease agreement. SECTION 3 . That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia. SECTION 4 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia. SECTION 5 . That the authorization in this resolution to lease the above-described property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., shall expire three years after the date that this resolution becomes effective.

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SECTION 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 7 . That this lease agreement shall be recorded by the lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 8 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . That Part 2 of a resolution approved April 14, 1994 (Ga. L., 1994, p. 1229), providing for a ten-year lease of the property described in this resolution is repealed. SECTION 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY EXCHANGE OF PROPERTY WITH CHATHAM COUNTY. No. 5 (Senate Resolution No. 131). A RESOLUTION Authorizing conveyance of certain state-owned real property located in Chatham County, Georgia, to Chatham County and the acceptance of certain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Chatham County is the owner of approximately 6.93 acres located off of Carl Griffin Drive in Chatham County and the State of Georgia is the owner of approximately 2.2 acres of real property located on Eisenhower Drive in Chatham County, Georgia; and WHEREAS, custody of the subject state-owned real property is vested in the Department of Children and Youth Services; and WHEREAS, the State of Georgia has designed a new regional youth detention center in Chatham County and the site for the facility has been identified as the above-mentioned 6.93 acre parcel; and

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WHEREAS, the acquisition of the above-mentioned 6.93 acre parcel has been approved by the State Properties Commission and construction of the new regional youth detention center is under way; and WHEREAS, the above-mentioned state-owned property containing 2.2 acres was deeded to the state by Chatham County on January 23, 1981, for the consideration of $1.00; and WHEREAS, Chatham County is desirous of acquiring the subject 2.2 acre parcel to be used for county purposes; and WHEREAS, the exchange of the above-described parcels of real property would benefit both the State of Georgia and Chatham County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That, in all matters relating to the conveyance of the herein described state-owned real property and the acceptance of the herein described real property owned by Chatham County, 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, is authorized and empowered to convey by appropriate instrument to Chatham County the hereinabove described state-owned property and to accept in consideration therefor from Chatham County the hereinabove described property owned by Chatham County. SECTION 3 . That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such exchange. SECTION 4 . That the conveyance of the hereinabove described state-owned property shall not take place until after the construction of the new Chatham County Regional Youth Detention Center is completed and occupied by the state. SECTION 5 . That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. SECTION 6 . That the conveyance herein considered shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties

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Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. SECTION 7 . That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 8 . That the authorization in this resolution to convey the above-described property to Chatham County and to accept the above-described property from Chatham County shall expire three years after the date that this resolution becomes effective. SECTION 9 . That the authorization in this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY CONVEYANCE TO CITY OF MOULTRIE. No. 6 (Senate Resolution No. 159). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of two certain parcels of real property located in Moultrie, Colquitt County, Georgia; and WHEREAS, said unimproved real properties are all those tracts or parcels of land designated A and B lying and being in Colquitt County, Georgia, as follows: PARCEL A containing 3 acres of land, more particularly described as follows: Beginning at a point on the east margin of Fifth Street, S.W., 355.2 feet north of the intersection of the north margin of Eleventh Avenue, S.W., with the east margin of Fifth Street, S.W., thence run north along the east margin of Fifth Street, S.W., 358 feet to an iron stake, thence turning on an internal angle of 85 degrees and 42 minutes run in an easterly direction 380.3 feet to the west margin of Fourth Street,

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S.W., thence turning on an internal angle of 90 degrees run in a southerly direction along the west margin of Fourth Street, S.W., 357 feet, thence in a westerly direction 354 feet to starting point; said property being bounded on the west by Fifth Street, S.W., on the north by the property on which is located the Speech School and other property of the Moultrie High School, on the east by Fourth Street, S.W., and on the south by other property of the City of Moultrie; and PARCEL B containing 4.2 acres of land, more or less, in Land Lot 292 in the 8th Land District of Colquitt County, Georgia, being a part of Lots No. 2 and 3 in Block H in the H. H. Rothe addition to the City of Moultrie, which land is shown on a plat of said addition made by A. D. Ross, C.S., dated August 13-17, 1931, and recorded in the office of the Clerk of the Superior Court of Colquitt County, Georgia, in Plat Book 1, page 78; said land, as shown on said plat (reference to which plat is hereby made), being more particularly described as follows: From the northeast intersection of Twelfth Street, S.E., and East Boulevard run north 87 degrees 30 minutes east along the north margin of East Boulevard 490 feet to the point of beginning, thence run north 87 degrees 30 minutes east along the north margin of East Boulevard 350 feet to the southeast corner of said Lot No. 3, thence run north 1 degree east parallel with the east margin of Twelfth Street a distance of 478 feet to lands heretofore conveyed by the Board of School Commissioners of the City of Moultrie to State School Building Authority, thence run south 87 degrees 30 minutes west along the south margin of lands of State School Building Authority 350 feet to a point, thence run south 1 degree west along lands of State School Building Authority 478 feet to the north margin of East Boulevard and the point of beginning; and WHEREAS, said property is under the custody of the Georgia Department of Defense; and WHEREAS, said parcels are not being utilized by the Georgia Department of Defense or the State of Georgia and are therefore surplus to its needs; and WHEREAS, the above-described state owned properties designated Parcels A and B were conveyed to the State by the City of Moultrie, Colquitt County, in 1955 for the consideration of $1.00; and WHEREAS, the City of Moultrie is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to the City of Moultrie, Colquitt County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to the City of Moultrie, Colquitt County, shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY CONVEYANCE TO COLQUITT COUNTY BOARD OF EDUCATION. No. 7 (Senate Resolution No. 160). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Colquitt County, Georgia; and WHEREAS, said real property, which is the present location of the Colquitt County Forestry Headquarters, is all that tract or parcel of land lying and

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being in Colquitt County, Georgia, consisting of approximately three-quarters of one acre and located in the northwest corner of Subdivision Lot No. 9 of Southern Farms in original Land Lot 428 of the 8th Land District and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Georgia Forestry Commission; and WHEREAS, Colquitt County has conveyed to the state for $10.00 a 7.8 acre parcel of property for the purpose of building a new county forestry headquarters; and WHEREAS, upon completion of the above-mentioned new forestry headquarters, the subject property will no longer be needed by the Georgia Forestry Commission and will therefore be surplus to its needs; and WHEREAS, the Colquitt County Board of Education conveyed the subject property to the state for the consideration of $10.00; and WHEREAS, the Colquitt County Board of Education is desirous of obtaining the subject property in order to expand Sunset Elementary School. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to the Colquitt County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to the Colquitt County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 5 . That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Colquitt County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY EASEMENTS TO BALDWIN COUNTY, COBB COUNTY, BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION, AND ALLTEL GEORGIA. No. 8 (Senate Resolution No. 113). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications lines and equipment, electrical utilities, and highway improvements in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Cobb, Towns, and Walker counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Cobb, Towns, and Walker counties, Georgia; and WHEREAS, Baldwin County, Cobb County, Blue Ridge Electric Membership Corporation, and ALLTEL Georgia desire to operate and maintain telecommunications lines and equipment, electrical utilities, or highway improvements in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these telecommunications lines and equipment, electrical utilities, and highway improvements in, on, over, under, upon, across, or through the above-described state property have been requested and approved by the Department of Human Resources, State Properties Commission, Department of Natural Resources, and Department of Technical and Adult Education with respect to property under the jurisdiction of their respective departments.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, 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 Baldwin County, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of highway improvements in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating highway improvements, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Milledgeville, Baldwin County, Georgia, and is more particularly described as follows: That portion and that portion only, of state owned property situate, lying and being in Land Lots 198 and 217 along the southern side of Colony Farm Road in Baldwin County, Georgia, as shown in red highlighting on the drawing entitled Tax Map 42, Baldwin County/Colony Farm Road, and on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said highway improvements. SECTION 4 . That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said highway improvements. SECTION 5 . That, after Baldwin County has put into use the highway improvements for which this easement is granted, a subsequent abandonment of the use

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thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. SECTION 6 . That no title shall be conveyed to Baldwin County, and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County. 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 in order to avoid interference with the state's use or intended use of the easement area, Baldwin County shall remove or relocate its facilities at its sole cost and expense. SECTION 8 . That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 9 . That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 10 . That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11 . That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.

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SECTION 12 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 13 . That the State of Georgia is the owner of the hereinafter described real property in Cobb County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, 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, may grant to Cobb County, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of highway improvements in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating highway improvements, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 62 and 251 of the 20th District of Cobb County, Georgia, and is more particularly described as follows: That portion and that portion only, as shown on those drawings entitled Baker/Jiles Road Connector, Cobb County Project No. 7174; Barrett Parkway Extension from Dallas Highway to U.S. 41, Cobb County Project No. 4225; and Atlanta Road from Fulton County Line to I-285, Cobb County Project No. 4215; each 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 by Cobb County to the State Properties Commission for approval. SECTION 15 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said highway improvements. SECTION 16 . That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said highway improvements.

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SECTION 17 . That, after Cobb County has put into use the highway improvements for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. SECTION 18 . That no title shall be conveyed to Cobb County, and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County. SECTION 19 . 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 in order to avoid interference with the state's use or intended use of the easement area, Cobb County shall remove or relocate its facilities at its sole cost and expense. SECTION 20 . That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 21 . That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 22 . That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 23 . That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective. SECTION 24 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 25 . That the State of Georgia is the owner of the hereinafter described real property in Towns County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 26 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Blue Ridge Electric Membership Corporation, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing electrical transmission lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 17th District of Towns County, Georgia, and is more particularly described as follows: That portion and that portion only marked in yellow as shown on a drawing prepared for the Department of Natural Resources as an attachment to their Board Resolution dated January 26, 1994, recommending the action herein authorized, and on file in the offices of the State Properties Commission, and shall be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Blue Ridge Electric Membership Corporation to the State Properties Commission for approval. SECTION 27 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.

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SECTION 28 . That Blue Ridge Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines. SECTION 29 . That, after Blue Ridge Electric Membership Corporation has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Blue Ridge Electric Membership Corporation, 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 facility shall become the property of the State of Georgia, its successors and assigns. SECTION 30 . That no title shall be conveyed to Blue Ridge Electric Membership Corporation, and, except as herein specifically granted to Blue Ridge Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Blue Ridge Electric Membership Corporation. SECTION 31 . 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 in order to avoid interference with the state's use or intended use of the easement area, Blue Ridge Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. SECTION 32 . That the easement granted to Blue Ridge Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 33 . That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the

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State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 34 . That this grant of easement shall be recorded by the grantee in the Superior Court of Towns County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 35 . That the authorization in this resolution to grant the above-described easement to Blue Ridge Electric Membership Corporation shall expire three years after the date that this resolution becomes effective. SECTION 36 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 37 . That the State of Georgia is the owner of the hereinafter described real property in Walker County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 38 . That the State of Georgia, acting by and through its State Properties Commission, may grant to ALLTEL Georgia, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunication lines and equipment, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 122 of the 8th District of Walker County, Georgia, in the northeast corner of the Walker Technical Institute campus, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing marked EXHIBIT A on the revocable license agreement approved by the State Properties Commission at its meeting of December 21, 1994, and 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 39 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines and equipment. SECTION 40 . That ALLTEL Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines and equipment. SECTION 41 . That, after ALLTEL Georgia has put into use the telecommunication lines and equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, ALLTEL Georgia, 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 facility shall become the property of the State of Georgia, its successors and assigns. SECTION 42 . That no title shall be conveyed to ALLTEL Georgia, and, except as herein specifically granted to ALLTEL Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to ALLTEL Georgia. SECTION 43 . 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 in order to avoid interference with the state's use or intended use of the easement area, ALLTEL Georgia shall remove or relocate its facilities at its sole cost and expense. SECTION 44 . That the easement granted to ALLTEL Georgia 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 45 . That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 46 . That this grant of easement shall be recorded by the grantee in the Superior Court of Walker County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 47 . That the authorization in this resolution to grant the above-described easement to ALLTEL Georgia shall expire three years after the date that this resolution becomes effective. SECTION 48 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE V SECTION 49 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 50 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. J. L. TURNER BRIDGE AND WILLIAM E. BILL IRELAND YOUTH DEVELOPMENT CAMPUS DESIGNATED. No. 9 (Senate Resolution No. 12). A RESOLUTION Designating the J. L. Turner Bridge and the William E. Bill Ireland Youth Development Campus; and for other purposes. PART 1 WHEREAS, Mr. J. L. Turner was very active throughout his life in community affairs; and

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WHEREAS, as Mayor of Ideal, Georgia, for many years, he provided the vision and leadership for successful efforts to pave roads and install sewer lines and municipally owned cable television; and WHEREAS, he retired after years of commendable service to the people of this state in a responsible position in the Georgia Department of Transportation; and WHEREAS, he was held in affectionate regard by the citizens of Ideal and Macon County, Georgia, who have missed his energy and cheerful spirit since his passing from this life; and WHEREAS, several citizens in Ideal and the surrounding area, representatives from Georgia Power and Alltel, the Macon County Shrine Club, and others have expressed the desire to honor the memory of Mr. J. L. Turner; and WHEREAS, the City Council of Ideal, Georgia, voted unanimously to request that the new bridge on Georgia Route 90 be named after him. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Mr. J. L. Turner for his many contributions to his community and the state and designate the bridge on Georgia Route 90 in Macon County the J. L. Turner Bridge. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the bridge. BE IT FURTHE RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Mayor and City Council of Ideal, Georgia. PART 2 WHEREAS, William E. Ireland was an inmate at the Georgia Reformatory for Boys in Milledgeville, Georgia; and WHEREAS, during his confinement, the director of the institution recognized Mr. Ireland's great leadership abilities and employed him at the institution in 1921; and WHEREAS, in 1926, upon Director Carswell's retirement, Mr. Ireland was appointed the new director of the institution; and WHEREAS, Mr. Ireland was instrumental in having the supervision of the institution transferred from the prison system to the Department of Welfare and in having the name of the facility changed to the Georgia Training School for Boys; and WHEREAS, Mr. Ireland was respected and loved by the employees and the residents of the training school and was known to all as Mr. Bill; and

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WHEREAS, he served as director of the training school during 12 gubernatorial administrations before being appointed as State Welfare Director in 1947 by acting Governor, M. E. Thompson; and WHEREAS, in January of 1949, he was reappointed as director of the Georgia Training School for Boys and remained as director until his retirement in 1964; and WHEREAS, Mr. Ireland died in 1985 at the age of 84, but he will always be remembered for his 43 years of dedicated service to the people of this state; and WHEREAS, the former Georgia Training School for Boys is now the Youth Development Campus in Milledgeville, Georgia, under the jurisdiction of the Department of Children and Youth Services. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Youth Development Campus in Milledgeville, Georgia, be named the William E. Bill Ireland Youth Development Campus. BE IT FURTHER RESOLVED that the Department of Children and Youth Services is authorized and directed to place and maintain appropriate markers designating the William E. Bill Ireland Youth Development Campus. BE IF FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Commissioner of Children and Youth Services and to the family of Mr. William E. Bill Ireland. Approved April 5, 1995. STATE PROPERTY EASEMENTS TO BELLSOUTH TELECOMMUNICATIONS, INC., GEORGIA POWER COMPANY, STANDARD TELEPHONE COMPANY, HART COUNTY, LITTLE OCMULGEE ELECTRIC MEMBERSHIP CORPORATION, WALKER COUNTY, AND HABERSHAM ELECTRIC MEMBERSHIP CORPORATION. No. 10 (Senate Resolution No. 118). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Clayton, Habersham, Hart, Laurens, McIntosh, Walker, and White Counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Clarke, Clayton, Habersham, Hart, Laurens, McIntosh, Walker, and White Counties, Georgia; and WHEREAS, BellSouth Telecommunications, Inc.; Georgia Power Company; Standard Telephone Company; Hart County; Little Ocmulgee Electric Membership Corporation; Walker County; and Habersham Electric Membership Corporation desire to operate and maintain telecommunications and utility facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these telecommunications and utility facilities in, on, over, under, upon, across, or through the above-described state property would be for the benefit of the State of Georgia and have been requested and approved by the Department of Technical and Adult Education, Department of Natural Resources, Department of Defense, and Department of Corrections with respect to property under the jurisdiction of their respective departments. 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 in Clarke County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, 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 BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunication lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Athens, Clarke County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow as shown on a drawing entitled Site Plan, Athens Area Technical Institute and prepared by Don Truluck and BellSouth Telecommunications, Inc., and on file in the offices of the State Properties Commission

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines and equipment. SECTION 4 . That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines and equipment. SECTION 5 . That, after BellSouth Telecommunications, Inc., has put into use the telecommunication lines and 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, BellSouth Telecommunications, Inc., 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 facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 6 . That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications, Inc. 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 in order to avoid interference with the state's use or intended use of the easement area, BellSouth Telecommunications, Inc., shall remove or relocate its facilities at its sole cost and expense. SECTION 8 . That the easement granted to BellSouth Telecommunications, Inc., shall contain such other reasonable terms, conditions, and covenants as the

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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 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 10 . That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective. SECTION 12 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 13 . That the State of Georgia is the owner of the hereinafter described real property in Clayton County, hereinafter referred to as the easement area, and that, in all matters relating to the casement area, 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, may grant to BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunication lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at Fort Gillem County, Georgia, and is more particularly described as follows:

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That portion and that portion only as shown marked in yellow on a drawing prepared for the Department of Defense by BellSouth Telecommunications, Inc., and 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 15 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines and equipment. SECTION 16 . That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines and equipment. SECTION 17 . That, after BellSouth Telecommunications, Inc., has put into use the telecommunication lines and 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, BellSouth Telecommunications, Inc., 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 facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 18 . That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications, Inc. SECTION 19 . 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 in order to avoid interference with the state's use or intended use of the easement area, BellSouth

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Telecommunications, Inc., shall remove or relocate its facilities at its sole cost and expense. SECTION 20 . That the easement granted to BellSouth Telecommunications, Inc., 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 21 . That 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 22 . That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 23 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective. SECTION 24 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 25 . That the State of Georgia is the owner of the hereinafter described real property in Clayton County, Georgia, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 26 . 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, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing,

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erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at Fort Gillem in Clayton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in red on a drawing prepared by Georgia Power Company for the Department of Defense 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 27 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines. SECTION 28 . 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, operation, and maintenance of said electrical distribution lines. SECTION 29 . That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 30 . That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 31 . 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

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easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. SECTION 32 . 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 33 . That 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 34 . That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 35 . 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 36 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 37 . That the State of Georgia is the owner of the hereinafter described real property in Habersham County, Georgia, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 38 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Standard Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and

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maintenance of telecommunication lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a remote telecommunications cabinet together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at Lee Arrendale Correctional Institution, Habersham County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat of survey entitled Proposed Visitation Parking Lot and prepared by Gary W. Witherington, Georgia Registered Land Surveyor No. 2930, revised December 7, 1994, and 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 39 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing inspecting, and operating said telecommunications lines and equipment. SECTION 40 . That Standard Telephone 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, operation, and maintenance of said telecommunications lines and equipment. SECTION 41 . That, after Standard Telephone Company has put into use the telecommunications lines and 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, Standard Telephone 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 facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 42 . That no title shall be conveyed to Standard Telephone Company and, except as herein specifically granted to Standard Telephone Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not

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inconsistent with or detrimental to the rights, privileges, and interest granted to Standard Telephone Company. SECTION 43 . 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 in order to avoid interference with the state's use or intended use of the easement area, Standard Telephone Company shall remove or relocate its facilities at its sole cost and expense. SECTION 44 . That the easement granted to Standard Telephone 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 45 . That 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 46 . That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 47 . That the authorization in this resolution to grant the above-described easement to Standard Telephone Company shall expire three years after the date that this resolution becomes effective. SECTION 48 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE V SECTION 49 . That the State of Georgia is the owner of the hereinafter described real property in Hart County, hereinafter referred to as the easement area,

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and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 50 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Hart County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1112th Georgia Militia District of Hart County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled State of Georgia Department of Corrections prepared by Dean H. Teasley, Georgia Registered Land Surveyor No. 1898, and 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 51 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 52 . That Hart County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line. SECTION 53 . That, after Hart County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Hart County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 54 . That no title shall be conveyed to Hart County and, except as herein specifically granted to Hart County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Hart County. SECTION 55 . 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 in order to avoid interference with the state's use or intended use of the easement area, Hart County shall remove or relocate its facilities at its sole cost and expense. SECTION 56 . That the easement granted to Hart County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 57 . That 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 58 . That this grant of easement shall be recorded by the grantee in the Superior Court of Hart County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 59 . That the authorization in this resolution to grant the above-described easement to Hart County shall expire three years after the date that this resolution becomes effective. SECTION 60 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI SECTION 61 . That the State of Georgia is the owner of the hereinafter described real property in Laurens County, hereinafter referred to as the easement

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area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 62 . That State of Georgia, acting by and through its State Properties Commission, may grant to Little Ocmulgee Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Laurens County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in red on a plat of survey entitle Health Occupations Building, Hart of Georgia Technical Institute and prepared by Patrick Lee Flanders, Georgia Registered Land Surveyor No. 2465, revised January 17, 1994, and 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 by Little Ocmulgee Electric Membership Corporation to the State Properties Commission for approval. SECTION 63 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines. SECTION 64 . That Little Ocmulgee Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution lines. SECTION 65 . That, after Little Ocmulgee Electric Membership Corporation has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Little Ocmulgee Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement

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area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns. SECTION 66 . That no title shall be conveyed to Little Ocmulgee Electric membership Corporation, and, except as herein specifically granted to Little Ocmulgee Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Little Ocmulgee Electric Membership Corporation. SECTION 67 . 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 in order to avoid interference with the state's use or intended use of the easement area, Little Ocmulgee Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. SECTION 68 . That the easement granted to Little Ocmulgee Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 69 . That 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 70 . That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71 . That the authorization in this resolution to grant the above-described easement to Little Ocmulgee Electric Membership Corporation shall expire three years after the date that this resolution becomes effective. SECTION 72 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VII SECTION 73 . That the State of Georgia is the owner of the hereinafter described real property in McIntosh County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 74 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on Sapelo and Cabretta Islands, McIntosh County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on that certain Department of Natural Resources Board Resolution dated July 22, 1994, and 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 75 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 76 . 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, operation, and maintenance of said electrical distribution line. SECTION 77 . That, after Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities

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from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 78 . That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 79 . 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 in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. SECTION 80 . 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 81 . That 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 82 . That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 83 . 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 84 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VIII SECTION 85 . That the State of Georgia is the owner of the hereinafter described real property in Walker County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 86 . That State of Georgia, acting by and through its State Properties Commission, may grant to Walker County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 120 at Walker Correctional Institution in Walker County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey prepared by the Barry E. Savage, Georgia Registered Land Surveyor No 2575, dated March 31, 1994, and on file in the offices of the State Properties Commission and shall 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 87 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 88 . That Walker County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line. SECTION 89 . That, after Walker County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Walker County, or its successors and assigns, shall

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have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 90 . That no title shall be conveyed to Walker County, and, except as herein specifically granted to Walker County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Walker County. SECTION 91 . 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 in order to avoid interference with the state's use or intended use of the easement area, Walker County shall remove or relocate its facilities at its sole cost and expense. SECTION 92 . That the easement granted to Walker County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 93 . That 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 94 . That this grant of easement shall be recorded by the grantee in the Superior Court of Walker County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 95 . That the authorization in this resolution to grant the above-described easement to Walker County shall expire three years after the date that this resolution becomes effective. SECTION 96 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE IX SECTION 97 . That the State of Georgia is the owner of the hereinafter described real property in White County, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 98 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Habersham Electrical Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at Dukes Creek Woods in the 558th Georgia Militia District of White County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing attached as Exhibit A on that certain Department of Natural Resources Board Resolution dated October 26, 1994, and 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 99 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 100 . That Habersham Electrical Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line. SECTION 101 . That, after Habersham Electrical Membership Corporation has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title,

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privileges, powers, and easement granted herein. Upon abandonment, Habersham Electrical Membership Corporation, 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 facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 102 . That no title shall be conveyed to Habersham Electrical Membership Corporation, and, except as herein specifically granted to Habersham Electrical Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Habersham Electrical Membership Corporation. SECTION 103 . 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 in order to avoid interference with the state's use or intended use of the easement area, Habersham Electrical Membership Corporation shall remove or relocate its facilities at its sole cost and expense. SECTION 104 . That the easement granted to Habersham Electrical Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 105 . That 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 106 . That this grant of easement shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 107 . That the authorization in this resolution to grant the above-described easement to Habersham Electrical Membership Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 108 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 109 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 110 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. STATE PROPERTY LIBERTY COUNTY; CONVEYANCE. No. 11 (Senate Resolution No. 119). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in the City of Hinesville, Liberty County, Georgia; and WHEREAS, said real property is more particularly described as all that certain tract, parcel or lot of land situate, lying and being in the City of Hinesville, Liberty County, 17 G. M. District of Liberty County, Georgia, containing three and one-half acres, more or less, known as Lot 2 in a subdivision of the lands of the estate of Mrs. Clara D. Bagley, a plat of which subdivision made by M. C. Harrison, surveyor, dated July 26, 1945, is recorded in Plat Book 1 on page 214, in the office of the Clerk of the Superior Court of Liberty County, Georgia. Said land lying at the intersection of Oglethorpe Highway and the paved road connecting Oglethorpe Highway with Market Street, and is bounded north by lands of Roy Brewer; east by Oglethorpe Highway, south by paved road above referred to; west by Lot 31 of said subdivision, the property of Margaret B. Smith and has such shape, metes, courses and is the same lands conveyed to Liberty County by A. Chester Smith by his Attorney in Fact, E. C. Bagley, on the 7th day of August, 1952, by deed which is recorded in said Clerk's office in Deed Book AAV at page 144-145, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Grantee to the State Properties Commission for approval; and

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WHEREAS, said property is under the custody of the Georgia Department of Public Safety; and WHEREAS, the above-described property was conveyed by Liberty County to the State of Georgia in 1952 for the consideration of $1.00; and WHEREAS, Liberty County is desirous of building a new State Patrol facility in exchange for the above-described state owned property; and WHEREAS, State Patrol personnel shall continue to be housed in the present facility at no cost to the state until the new facility is completed and suitable for occupancy. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to Liberty County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That Liberty County shall construct a new Georgia State Patrol facility acceptable to the Georgia State Patrol prior to Georgia State Patrol vacating the current facility. SECTION 4 . That the authorization in this resolution to convey the above-described property to Liberty County shall expire three years after the date that this resolution becomes effective. SECTION 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 6 . That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Liberty County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 7 . That this resolution 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 resolution are repealed. Approved April 5, 1995. STATE PROPERTY CONVEYANCE OR LEASE BY GEORGIA BUILDING AUTHORITY TO RICHMOND COUNTY. No. 12 (Senate Resolution No. 102). A RESOLUTION Authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia; to provide an effective date; and for other purposes. WHEREAS, the Georgia Building Authority is the owner of certain real property consisting of 17.2 acres located in Richmond County, Georgia; and WHEREAS, pursuant to Resolution Act 9, H.R. 74, Ga. L. 1991, p. 1184, approved April 12, 1991, the above described property was leased to the Richmond County Board of Health; and WHEREAS, Richmond County is desirous of leasing a portion of the above mentioned leased property for the purpose of locating a Georgia State Patrol driver's license facility; and WHEREAS, said real tract of land, hereinafter referred to as the Premises, is more particularly described as follows: All that tract or parcel of land containing five acres, more or less, lying and being in the 86th Georgia Militia District of Richmond County, Georgia, and being more particularly described on that certain plat of survey entitled Richmond County Board of Health dated October 22, 1990, and revised May 18, 1994, by William F. Todd, Jr., Georgia Registered Land Surveyor No. 2506; and WHEREAS, the Richmond County Board of Health has agreed to release the premises from its lease with the Georgia Building Authority. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the premises are owned by Georgia Building Authority or may now or in the future be owned by the State of Georgia, in whole or in part. In all

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matters relating to the conveyance of an estate for years authorized by this resolution, where property is owned by the State, the State of Georgia shall act by and through the Georgia Building Authority. SECTION 2 . That the Georgia Building Authority is authorized to convey or let to Richmond County an estate for years or a usufruct in the premises with a term not to exceed 50 years and a parcel size of not more than five acres. The estate for years or usufruct shall be for the purpose of providing public safety services. The consideration for the conveyance shall be $10.00 dollars. The term of the estate for years or usufruct and the means of ingress and egress shall be subject to the prior approval of the Board of Human Resources. SECTION 3 . The lease provided for in Section 2 of this resolution shall be conditioned upon the Richmond County Board of Health's relinquishment of interest in the five acre parcel from its March 20, 1992, 50 year lease by appropriate instrument. SECTION 4 . That this lease agreement shall be recorded by the Grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the Georgia Building Authority. SECTION 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . That all laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1995. HOBERT L. BROWN BRIDGE DESIGNATED. No. 13 (Senate Resolution No. 67). A RESOLUTION Designating the Hobert L. Brown Bridge; and for other purposes. WHEREAS, Hobert L. Brown, a resident of Fannin County, was married to Betty A. Brown and they raised a fine family of two children; and WHEREAS, he had a distinguished career in law enforcement, serving ably as a police officer for the City of Mineral Bluff, a deputy sheriff for Fannin County, and a police officer for the City of Blue Ridge; and

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WHEREAS, he was killed in the line of duty as a police officer for the City of Blue Ridge on December 22, 1959, when he tried to apprehend a fugitive from justice who was wanted in connection with kidnapping and murder; and WHEREAS, his heroism and valor was recognized by the National Police Officers Association of America with its Medal of Merit, which was presented to the Brown family on October, 2, 1961; and WHEREAS, it is fitting and proper to recognize Hobert L. Brown for his distinguished career in law enforcement and for his heroism, valor, and service beyond the call of duty. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the bridge over Hemptown Creek on the State Highway 60 spur in Fannin County, Georgia, be designated the Hobert L. Brown Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers designating said bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Hobert L. Brown. Approved April 5, 1995. CHARLES HARDY PARKWAY DESIGNATED. No. 14 (Senate Resolution No. 15). A RESOLUTION Honoring Charles Hardy and designating a portion of Georgia Highway 120 as the Charles Hardy Parkway; and for other purposes. WHEREAS, Charles Hardy is a native of Paulding County, Georgia, who was born to the late John P. Hardy and Simmie Hardy on December 3, 1933; and WHEREAS, Mr. Hardy is an outstanding Georgian and a leading member of the Georgia business community who is truly a fine example of the self-made man; and WHEREAS, after humble beginnings he has enjoyed tremendous success in the business community as the founder of Hardy Properties, the owner of Hardy Chevrolet, Pontiac, and Buick, and most recently as co-owner with Bill Elliott in a Winston Cup NASCAR racing team; and WHEREAS, in addition to his great accomplishments as a businessman, Mr. Hardy has been a leader in civic activities in his community and state,

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including membership in the Masonic Lodge, the Yaarab Shrine Temple of Atlanta, the York Scottish Rite, the Paulding Shrine Club, the Nobility Club, the Paulding County Chamber of Commerce, and the Paulding County Home Builders Association. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby honors and expresses its appreciation to Charles Hardy for his many invaluable contributions to his community and state. BE IT FURTHER RESOLVED that the portion of Georgia Highway 120 extending from the Cobb Paulding County line to U.S. Highway 278 in Paulding County is designated as the Charles Hardy Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said road. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Hardy. Approved April 5, 1995. HENRY TUMLIN FAMILY COMMEMORATIVE MARKER AT ETOWAH MOUNDS STATE HISTORIC SITE. No. 15 (Senate Resolution No. 18). A RESOLUTION Commending the Henry Tumlin family regarding the Etowah Mounds State Historic Site and authorizing the Georgia Department of Natural Resources to erect and maintain a suitable commemorative marker; and for other purposes. WHEREAS, the Etowah Mounds Archaeological Area has been designated as a national landmark by the United States Department of the Interior and is operated as a state historic site for the edification of the public by the State Parks and Historic Sites Division of the Georgia Department of Natural Resources; and WHEREAS, the Henry Tumlin family continued the tradition of preserving the mounds site begun by the Tumlin family in the 1840's by entrusting the area to the State of Georgia in 1953; and WHEREAS, Henry Tumlin actively continued his preservation efforts by serving as the Site Superintendent for 32 years until his retirement in 1981; and

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WHEREAS, even in retirement Henry Tumlin has demonstrated his very deep interest in preserving the Etowah Mounds and in December, 1994, he donated two additional parcels of land to the State of Georgia for the protection of certain archacological resources at Etowah Mounds; and WHEREAS, it is most fitting and appropriate that the State of Georgia express its appreciation to the Henry Tumlin family for its interests in helping to protect and preserve Etowah Mounds for future generations of Georgians. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby commend Henry Tumlin and express to him and his family their deepest appreciation for protecting and preserving the Etowah Mounds Archacological Area. BE IT FURTHER RESOLVED that the Georgia Department of Natural Resources is authorized and directed to erect and maintain a suitable marker at an appropriate location at the Etowah Mounds Archaeological Area that will permanently commemorate the many contributions of the Tumlin family to the people of Georgia. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Henry Tumlin family and to the commissioner of natural resources. Approved April 5, 1995. STATE PROPERTY CONFIRMATION OF NONOWNERSHIP OF PROPERTY; CITY OF CARTERSVILLE. No. 16 (Senate Resolution No. 19). A RESOLUTION Authorizing confirmation that the state does not own certain real property located in Bartow County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on January 4, 1991, the City of Cartersville acquired 7.809 acres of property which was to be transferred to the Georgia Army National Guard to be used as an armory; and WHEREAS, the Georgia Army National Guard determined that it did not need the property since National Guard forces are being reduced; and WHEREAS, the state never accepted delivery of the title to the real property but the City of Cartersville desires confirmation that title never passed; and WHEREAS, said real property is all that tract or parcel of land lying and being in Land Lots 607 and 608 of the 4th District and 3rd Section of

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Bartow County, Georgia containing 7.809 Acres all as shown by plat of William C. Smith, Registered Land Surveyor, dated 10/31/90, recorded in Plat Book 34 Page 192, Clerk's Office, Superior Court of Bartow County Georgia, plat being incorporated herewith, and reference being hereby made to said plat for a more full and complete description of said property more particularly described as follows. BEGINNING at the intersection of the West line of Land Lot 608 with the North Right of Way of Red Top Mountain Road (40[prime] R/W). THENCE South 88 degrees 45 minutes 55 seconds West for a distance of 147.26 feet along the North Right of Way of Red Top Mountain Road to a point. THENCE South 86 degrees 02 minutes 04 seconds West for a distance of 26.50 feet along said North Right of Way of Red Top Mountain Road to an iron pin. THENCE North 05 degrees 35 minutes 31 seconds West for a distance of 96.68 feet to an iron pin on the South Right of Way of Allatoona Dam Road (100[prime] R/W). THENCE North 36 degrees 39 minutes 51 seconds East for a distance of 130.28 feet along said South Right of Way to a point. THENCE along a curve to the right having a radius of 1256.53 feet and an arc length of 568.36 feet, being subtended by a chord of North 49 degrees 37 minutes 20 seconds East for a distance of 563.52 feet along said Right of Way to a point. THENCE North 62 degrees 34 minutes 49 seconds East for a distance of 202.39 feet along said Right of Way to an iron pin. THENCE South 11 degrees 56 minutes 24 seconds East for a distance of 669.37 feet to a point, which point is South 11 degrees 56 minutes 24 seconds East a distance of 5.00 feet from an iron pin. THENCE North 89 degrees 55 minutes 12 seconds West for a distance of 642.14 feet to THE POINT OF BEGINNING. Said property may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantees to the State Properties Commission for approval. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State Properties Commission shall in its discretion cause its Executive Director to execute an affidavit attesting to the facts of the matter of this resolution and confirming that the state never acquired ownership of or title to the real property.

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SECTION 2 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such confirmation. SECTION 3 . That the affidavit shall be recorded by the City of Cartersville in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1995. INTANGIBLE RECORDING TAX LONG-TERM NOTES SECURED BY REAL ESTATE; PAYMENT BY BORROWER OR MORTGAGOR; NOT A FINANCE CHARGE. Code Section 48-6-61 Amended. No. 228 (Senate Bill No. 224). AN ACT To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that the holder of a long-term note secured by real estate may pass on the amount of the intangible recording tax with regard to such note to the borrower or mortgagor; to provide that the amount of such tax which is passed to the borrower or mortgagor shall not be considered or treated as a part of any finance charge imposed by the holder in connection with the loan transaction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, is amended by striking Code Section 48-6-61, relating to the filing of instruments securing long-term notes and the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-61 to read as follows:

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48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the collecting officer of the county in which the real estate is located. The collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The collecting officer shall collect the tax due on the security instrument from the holder of the instrument; provided, however, the holder may pass on the amount of such tax to the borrower or mortgagor but the amount of such tax passed to the borrower or mortgagor shall not be considered or treated as part of any finance charge imposed by the holder in connection with the loan transaction. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument said holder's sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the collecting officer shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00. 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 6, 1995. JOINT STUDY COMMITTEE ON DEKALB COUNTY'S FORM OF GOVERNMENT CREATION. No. 17 (House Resolution No. 420). A RESOLUTION Creating the Joint Study Committee on DeKalb County's Form of Government; and for other purposes.

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WHEREAS, DeKalb County's form of government is unique in the State of Georgia; and WHEREAS, the local Act of the General Assembly which established this unique form of county government and fixed the powers and duties of the officers constituting the governing authority, including the Chief Executive Officer, was enacted in 1981, pursuant to authority granted by a local constitutional amendment enacted in 1979 and subsequently approved by the voters; and WHEREAS, many portions of the local Act can be amended only after approval by the voters of DeKalb County in a referendum; and WHEREAS, DeKalb County's form of government was adopted after careful study by several commissions, including the DeKalb County Government Reorganization Commission, which was created by an Act of the General Assembly in 1979 providing for the membership to be appointed by former members of a previous study committee, by the Chairman of the Board of Commissioners of DeKalb County, by other members of the Board of Commissioners of DeKalb County, by the DeKalb County legislative delegation to the General Assembly, and by numerous civic organizations; and WHEREAS, DeKalb County has been through many changes in the 14 years since the adoption of its form of government, and the time has come for another careful study to determine if a reorganization of the county's government could provide a government more representative of county citizens and more responsive to their needs and promote more efficient and effective delivery of governmental services for the citizens of the county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on DeKalb County's Form of Government to be composed of 14 members. Three members of the House of Representatives shall be appointed by the chairperson of the DeKalb County delegation in the House of Representatives, and three members of the Senate shall be appointed by the chairperson of the DeKalb County delegation in the Senate. The chairperson of the DeKalb County delegation in the House of Representatives shall appoint four additional members who shall be citizens of DeKalb County with interest and expertise in county government. The chairperson of the DeKalb County delegation in the Senate shall appoint four additional members who shall be citizens of DeKalb County with interest and expertise in county government. The chairperson of the DeKalb County delegation in the House of Representatives and the chairperson of the DeKalb County delegation in the Senate shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related

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thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1995. The committee shall stand abolished on December 1, 1995. Approved April 7, 1995. OLD MILTON PARKWAY AND OLD MILTON COUNTY BRIDGE DESIGNATED. No. 18 (House Resolution No. 195). A RESOLUTION Designating the Old Milton Parkway and the Old Milton County Bridge; and for other purposes. WHEREAS, Milton County was merged with Fulton County by an Act of the General Assembly of Georgia in 1931; and WHEREAS, upon its merger with Fulton County, Milton County ceased to have legal existence; and WHEREAS, although Milton County ceased to exist legally as a separate county, it has remained in the hearts and minds of its former citizens; and WHEREAS, in recognition of the existence of the former Milton County and its unique place in the history of the State of Georgia, it is a fitting remembrance of Milton County to designate a major thoroughfare in that portion of Fulton County which was formerly Milton County as Old Milton Parkway and to designate the bridge overpass on Georgia Highway 120 over Georgia 400 as Old Milton County Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Georgia Highway 120 between Haynes Bridge Road on the west and its intersection with State Bridge Road on the east in the City of Alpharetta, Georgia, is designated as Old Milton Parkway and the bridge overpass on Georgia Highway 120 over Georgia 400 is designated as Old Milton County Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Old Milton Parkway and the Old Milton County Bridge. Approved April 7, 1995.

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WADE R. MILAM, JR., BRIDGE DESIGNATED. No. 19 (Senate Resolution No. 132). A RESOLUTION Designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge; and for other purposes. WHEREAS, Wade R. Milam, Jr., was born on June 25, 1918, in LaGrange, Georgia, where he attended the public schools, graduating from LaGrange High School; and WHEREAS, after graduating from the Draughon School of Commerce, he was employed by Metropolitan Life Insurance Company from 1944 to 1966, and by Northwest Mutual Life Insurance Company from 1966 to the present; and WHEREAS, Mr. Milam served as State Representative from January, 1985, to January, 1995, in which capacity he introduced and shepherded to passage numerous pieces of legislation that were beneficial to Troup County and to the state, and he was named Chattahoochee-Flint Legislator of the Year in 1989 and Georgia Environmental Council Legislator of the Year in 1990; and WHEREAS, his many civic positions include past director and treasurer of the LaGrange Chamber of Commerce; past president and chairman of the American Cancer Society, Troup County Unit; past board member and treasurer of the LaGrange Academy; past exalted ruler of the LaGrange Elks Lodge; past director of the LaGrange Rotary Club; and past president and charter member of the LaGrange Life Underwriters Association; and WHEREAS, he is a member of the First Baptist Church of LaGrange, past Sunday School teacher, and director of the adult department; and WHEREAS, he is married to the former Louise Waller of Roanoke, Alabama, and the couple have two children and one grandchild. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge across West Point Lake in Troup County on State Highway 109 shall be designated as the Wade R. Milam, Jr., Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Wade R. Milam, Jr., and to the commissioner of transportation. Approved April 7, 1995.

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MOTOR VEHICLES AND TRAFFIC UNIFORM COMMERCIAL DRIVER'S LICENSE ACT AMENDED; DISQUALIFICATIONS FROM DRIVING COMMERCIAL MOTOR VEHICLE; UNIFORM RULES OF THE ROAD; STOPPING FOR PEDESTRIANS. Code Sections 40-5-151, 40-6-21, 40-6-22, and 40-6-91 Amended. No. 229 (House Bill No. 70). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning; to define a certain term; to change the provisions relating to the meaning of traffic signals; to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the Uniform Commercial Driver's License Act, so as to change the provisions relating to disqualification from driving a commercial motor vehicle; to provide for disqualification from driving a commercial motor vehicle based on violations of out-of-service orders; to provide for enforcement; to require vehicular traffic to stop and remain stopped for pedestrians under certain circumstances at the time certain traffic signals are exhibited; to change the provisions relating to pedestrian-control signals; to change the provisions relating to the right of way in crosswalks; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION.5 . Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the Uniform Commercial Driver's License Act, is amended by redesignating subsection (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, as subsection (h) and adding a new subsection (g) to read as follows: (g)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders: (A) First violation a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and

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(C) Third or subsequent violation a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner or board. SECTION 1 . Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety subsection (a) of Code Section 40-6-21, relating to the meaning of traffic signals, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals: (1) Green indications shall have the following meanings: (A) Traffic, except pedestrians, facing a CIRCULAR GREEN may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic turning shall yield the right of way to approaching vehicles. Vehicular traffic must stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, `half of the roadway' means all traffic lanes carrying traffic in one direction of travel; (B) Traffic, except pedestrians, facing a GREEN ARROW, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall stop and remain stopped to allow a pedestrian lawfully within an adjacent crosswalk to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when

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the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, `half of the roadway' means all traffic lanes carrying traffic in one direction of travel. Vehicular traffic shall yield the right of way to other traffic lawfully using the intersection; and (C) Unless otherwise directed by a pedestrian signal, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk; (2) Steady yellow indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection; and (B) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway; and (3) Steady red indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to proceed is shown, except as provided in subparagraphs (B), (C), and (D) of this paragraph; (B) Vehicular traffic facing a steady CIRCULAR RED signal may cautiously enter the intersection to make a right turn after stopping as provided in subparagraph (A) of this paragraph. Such vehicular traffic shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, `half of the roadway' means all traffic lanes carrying traffic in one direction of travel. Vehicular traffic shall yield the right of way to other traffic lawfully using the intersection; (C) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this

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paragraph, may make a right turn but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn; (D) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a left turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn; (E) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway; (F) Traffic, except pedestrians, facing a steady RED ARROW indication may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to make the movement indicated by such arrow is shown; and (G) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall not enter the roadway. SECTION 2 . Said chapter is further amended by striking in its entirety paragraph (1) of Code Section 40-6-22, relating to pedestrian-control signals, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Word or symbol message WALK Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and. SECTION 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 40-6-91, relating to the right of way in crosswalks, which reads as follows:

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(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, `half of the roadway' means all traffic lanes carrying traffic in one direction of travel. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. REVENUE AND TAXATION AD VALOREM TAX EXEMPTION FOR CERTAIN PROPERTY OWNED BY HISTORICAL FRATERNAL BENEFIT ASSOCIATION; REFERENDUM. Code Section 48-5-41 Amended. No. 230 (House Bill No. 399). AN ACT To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain property owned by an historical fraternal benefit association; to provide for a definition; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended in subsection (a) by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting in its place ; and, and by adding immediately following paragraph (14) a new paragraph to be designated paragraph (15), to read as follows:

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(15) Property that is owned by an historical fraternal benefit association and which is used exclusively for charitable, fraternal, and benevolent purposes. As used in this paragraph `fraternal benefit association' means any organization qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501(c)(10), as amended, where such organization has a representative form of government and a lodge system with a ritualistic form of work for the meeting of its chapters or other subordinate bodies and whose founding organization received its charter from the General Assembly of Georgia prior to January 1, 1880. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of and in conjunction with the November, 1996, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act be approved which grants an exemption from ad valorem taxation on property owned by an historical fraternal benefit association used exclusively for charitable, fraternal, and benevolent purposes? All persons desiring to vote for approval of the Act shall vote Yes, and those 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, then Section 1 of this Act shall become effective on January 1, 1997, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 1997. 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. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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INSURANCE HEALTH CARE COVERAGE; DIRECT PATIENT ACCESS TO DERMATOLOGICAL SERVICES WITHOUT REFERRAL. Code Section 33-24-56 Enacted. No. 231 (House Bill No. 281). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services; to provide for legislative intent and findings; to provide for definitions; to prohibit certain requirements of referral from a primary care physician as a condition of coverage; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section at the end thereof, to be designated Code Section 33-24-56, to read as follows: 33-24-56. (a) It is the intent of the General Assembly to encourage health care cost containment while preserving the quality of care offered to citizens of this state. The General Assembly finds that there is an increasing number of health insurance benefit providers which require a referral from a primary care physician to a dermatologist as a condition of the payment of benefits to an insured patient. The General Assembly finds that such a requirement as it relates to dermatological services may block unfairly a patient's choice of direct access to providers of health care services and may not be in the public interest. (b) As used in this Code section, the term: (1) `Dermatological services' means services ordinarily and customarily rendered by a physician specializing in the practice of dermatology. (2) `Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity. (c) No health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, shall require as

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a condition to the coverage of dermatological services that an enrollee, subscriber, or insured first obtain a referral from a primary care physician, as such term is defined by the group plan, policy, or contract for health care services. SECTION 2 . This Act shall become effective on July 1, 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. WATERS OF THE STATE, PORTS, AND WATERCRAFT GEORGIA BOAT SAFETY ACT AMENDED; SAILBOARDS NOT VESSELS; OFFENSES OF HOMICIDE, FETICIDE, AND SERIOUS INJURY BY VESSEL; PENALTIES. Code Sections 52-7-3 and 52-7-26 Amended. Code Sections 52-7-12.2 through 52-7-12.4 Enacted. No. 232 (Senate Bill No. 111). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, so as to redefine the term vessel; to create the crimes of homicide by vessel, feticide by vessel, and serious injury by vessel; to provide for penalties for committing said crimes; 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 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, is amended by striking paragraph (25) of Code Section 52-7-3, relating to definitions of certain terms used in said article, and inserting in its place a new paragraph (25) to read as follows: (25) `Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards.

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SECTION 2 . Said article is further amended by adding new Code Sections 52-7-12.2, 52-7-12.3, and 52-7-12.4 immediately after Code Section 52-7-12.1 to read as follows: 52-7-12.2. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3. 52-7-12.3. (a) (1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called `quick' by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (b) (1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called `quick' by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code

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Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3. 52-7-12.4. Whoever, without malice, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 shall be guilty of the crime of serious injury by vessel. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. SECTION 3 . Said article is further amended by striking Code Section 52-7-26, relating to criminal penalties, in its entirety and inserting in lieu thereof a new Code Section 52-7-26 to read as follows: 52-7-26. 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. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES TO PROVIDE SUPPORT FOR 1996 PARALYMPIC GAMES. Code Section 40-2-48 Enacted. No. 233 (Senate Bill No. 263). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in

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general, so as to provide for special license plates to provide support for the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner to accept and execute licensing agreements or other agreements for this purpose; to provide an additional fee for such special license plates and for the disposition of such fees collected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows: 40-2-48. (a) The City of Atlanta and the State of Georgia having been selected by the International Paralympic Committee to host the 1996 Paralympic Games, there shall be issued beginning in 1996 special license plates to provide support for the holding of the 1996 Paralympic Games. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to provide support for the 1996 Paralympic Games. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar year 1996, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $15.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Notwithstanding any contrary provisions of Code Section 40-2-31, such special license plates may be used until December 31, 1996, and until such date as the owner is required to reregister the vehicle in 1997. In calendar year 1996 such special license plates may be transferred between vehicles as provided in Code Section 40-2-80. (d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Paralympic logo or other acceptable design or as may otherwise be necessary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Atlanta Paralympic Organizing Committee or its licensor allowing the state to be the beneficiary of and to receive $5.00 of the $15.00 tag fee for each such tag and the Atlanta

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Paralympic Organizing Committee or its licensor to be the beneficiary of and receive $10.00 of each such tag fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions, which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Paralympic logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. 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 7, 1995. EDUCATION GRANTS FOR AFTER-SCHOOL PROGRAMS FOR ATRISK STUDENTS; CONFERENCES WITH PARENTS OF DISCIPLINARY PROBLEM STUDENTS; CONFERENCES WITH PARENTS OF SUSPENDED OR EXPELLED STUDENTS; ATTENDANCE OFFICERS. Code Sections 20-2-256, 20-2-764, 20-2-765, and 20-2-766 Enacted. Code Section 20-2-695 Amended. No. 234 (Senate Bill No. 31). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for state grants for certain educational programs conducted after regular school hours for at-risk youth; to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent or guardian shall be invited for a school visit and requested to attend a conference; to provide that before a student is permitted to return from a

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suspension or expulsion, the school shall request the student's parent or guardian to attend a conference between the principal and the student's parent or guardian; 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 adding immediately after Code Section 20-2-255 a new Code Section 20-2-256 to read as follows: 20-2-256. (a) As used in this Code section, the term: (1) `After-school program' means any academic program conducted after regular school hours to serve only students who have previously dropped out of school or who have previously failed courses. (2) `Course' means an instructional course for which a program count is permissible under Code Section 20-2-160. (3) `FTE' or `full-time equivalency' means the program cost obtained under the method described in Code Section 20-2-160. (4) `Student' means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160. (b) Two or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant equal to the amount otherwise earned by such students if they were enrolled in equivalent courses in the high school program during the school day and counted as FTE students. The State Board of Education is directed to prescribe a method of determining full-time equivalency of such programs in keeping with Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request. SECTION 2 . Said chapter is further amended by adding at the end of Part 2 of Article 16 a new Subpart 3 to read as follows: Subpart 3 20-2-764. As used in this subpart, the term: (1) `Chronic disciplinary problem student' means a student who exhibits a pattern of behavior characteristics which interfere with the

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learning process of students around him or her and which are likely to recur. (2) `Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (3) `Suspension' means the short-term suspension of a student from a public school for not more than ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751. 20-2-765. Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by certified mail with return receipt requested, by first-class mail, or by telephone call the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan. 20-2-766. Before any student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by certified mail with return receipt requested, by first-class mail, or by telephone call at least one parent or guardian to attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file. SECTION 3 . To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change provisions relating to the employment, use, and funding of attendance officers; to provide for the authority and duties of attendance officers; to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent or guardian shall be invited for a school visit and requested to attend a conference; to provide that before a student is permitted to return from a suspension or expulsion, the school shall request the student's parent or guardian to attend a conference between the principal and the student's parent or guardian; 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 4 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-695, relating to employment by local boards of education of attendance officers, and inserting in lieu thereof a new Code Section 20-2-695 to read as follows: 20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include: (1) The duty to cooperate with state agencies, make monthly reports to that officer's school superintendent, and comply with state and local rules, as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officer's school system, as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the authority to assume temporary custody of children absent from school in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2-700; and any attendance officer so authorized by the appointing local board of education shall when engaged in such function have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction, as provided for in Code Section 20-2-701; and

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(5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. ANIMALS RATITES TO BE TREATED AS LIVESTOCK FOR PURPOSES OF CERTAIN STATE LAWS; VARIOUS PROVISIONS RELATING TO LIVESTOCK AMENDED TO INCLUDE RATITES. Code Titles 1, 4, 16, 26, 27, and 45 Amended. No. 235 (House Bill No. 220). AN ACT To amend the Official Code of Georgia Annotated so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition and provide for an additional definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto; to change the provisions relating to livestock running at large or straying; to change the provisions relating to the prevention and control of diseases in livestock to include ratites; to change the provisions relating to live poultry dealers, brokers, and market operators so as to exclude ratites from a definition; to change a definition relating to the disposal of dead animals; to change the provisions relating to livestock dealers and auctions and change a definition related thereto; to change the definition of the term animal as used in the Georgia Farm Animal and Research Facilities Protection Act to include ratites; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change the provisions relating to livestock theft to include ratites; to changes the provisions relating to the offense of failure to pay for natural products or chattels so as to include ratites; to amend Title 26, relating to food, drugs, and cosmetics, so as to change the provisions relating to meat inspection, animal food manufacturers, meat brokers, meat food products, and renderers and definitions related thereto; to change the provisions relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded and removal of official marks to include ratites and products thereof; to change the provisions relating to seizure and condemnation of carcasses, meat, and meat food products so as to include ratites and the meat and products thereof; to change the provisions

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relating to duties of inspectors appointed by the Commissioner of Agriculture and the inspection of animals prior to slaughter and the post-mortem inspection and disposition of carcasses, meat, and meat food products; to change the provisions relating to the slaughter, preparation, sale, and transportation of animals, meat, and meat food products; to change the provisions relating to slaughter and packing establishments; to change the provisions relating to labeling, storage, and handling; to change the provisions relating to dead, dying, disabled, or diseased animals and dealers therein; to change the provisions relating to records; to change the provisions relating to dairies and the storage of milk, cream, or dairy products; to amend Title 27, relating to game and fish, so as to change the definition of domestic species and the provisions relating to trapping for the protection of livestock so as to include ratites; to amend Title 45, relating to public officers and employees, so as to change the provisions relating to the powers of the Governor to offer rewards for the detection and apprehension of persons committing certain crimes relating to theft of animals; to provide for other matters relating to ratites; 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 1 of the Official Code of Georgia Annotated, relating to general provisions of law, is amended by striking paragraph (4.1) of Code Section 1-3-3, relating to definitions of terms used in the Official Code of Georgia Annotated, and inserting in lieu thereof a new paragraph (4.1) to read as follows: (4.1) `Agriculture,' `agricultural operations,' or `agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, ratites, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term `agriculture,' `agricultural operations,' or `agricultural or farm products' is defined in Title 2, Title 4, or Title 10 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state.

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SECTION 2 . Said title is further amended by adding to Code Section 1-3-3, relating to definitions of terms used in the Official Code of Georgia Annotated, following paragraph (16), a new paragraph (16.1) to read as follows: (16.1) `Ratites' mean any members of the ratite family, including but not limited to ostriches, emus, and rheas, which are not indigenous to this state and which are raised for the purpose of producing meat, fiber, or animal by-products or as breeding stock. For the purposes of the laws of this state, ratites shall be treated as livestock and the term `livestock' as used in this Code or any law of this state shall include ratites unless such ratites are specifically excluded from the operation of any such law or unless such law or the operation thereof is restricted to a certain type of livestock. SECTION 3 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by striking subsection (a) of Code Section 4-2-1, relating to mark, brand, or tattoo registration and certificates related thereto, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person owning any livestock, including any ratite, and desiring to register a mark, brand, or tattoo shall apply to the Commissioner for a certificate of mark, brand, or tattoo registration. Application for a certificate shall be made on forms provided by the department. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing certificates, the Commissioner shall not issue certificates to more than one person for the same or substantially identical marks, brands, or tattoos. There shall be no charge or fee for registration. SECTION 4 . Said title is further amended by striking paragraph (1) of Code Section 4-3-2, relating to definitions of terms used in the laws relating to livestock running at large or straying, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Livestock' means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals, and all ratites, including, but not limited to, ostriches, emus, and rheas. SECTION 5 . Said title is further amended by striking Code Section 4-4-1.1, relating to the definition of the term livestock as used in Chapter 4 of Title 4, the laws relating to prevention and control of disease in livestock, and inserting in lieu thereof a new Code Section 4-4-1.1 to read as follows:

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4-4-1.1. As used in this chapter, the term `livestock' means cattle, swine, equines, poultry, sheep, goats, ratites, and ruminants. SECTION 6 . Said title is further amended by striking paragraph (3) of Code Section 4-4-80, relating to definitions of terms used in Part 5 of Article 1 of Chapter 4 of Title 4, relating to live poultry dealers, brokers, and market operators, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Poultry' means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat and egg production, exhibition, or competition; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pigeons, doves, peafowl; and all other avian species. Such term shall not include ratites, which are considered to be livestock under the laws of this state. SECTION 7 . Said title is further amended by striking Code Section 4-5-2, relating to the definition of the term dead animals as used in Chapter 5 of Title 4, known as the Dead Animal Disposal Act, and inserting in lieu thereof a new Code Section 4-5-2 to read as follows: 4-5-2. As used in this chapter, the term `dead animals' means the carcasses, parts of carcasses, effluent, or blood of farm livestock, including poultry, ratites, and equines. SECTION 8 . Said title is further amended by striking paragraph (4) of Code Section 4-6-1, relating to definitions of terms used in Chapter 6 of Title 4, relating to livestock dealers and auctions, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Livestock' means cattle, swine, sheep, ratites, and goats of all kinds and species. SECTION 9 . Said title is further amended by striking paragraph (2) of Code Section 4-11-31, relating to definitions of terms used in Article 2 of Chapter 11 of Title 4, known as the Georgia Farm Animal and Research Facilities Protection Act, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research,

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testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, ratites, goats, dogs, rabbits, poultry, fish, and bees. The term `animal' shall not include any animal held primarily as a pet. SECTION 10 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-8-20, relating to livestock theft, and inserting in lieu thereof a new subsection (b) to read as follows: (b) For the purposes of this Code section, the term `livestock' means horses, cattle, swine, sheep, ratites, goats, rabbits, and any domestic animal produced as food for human consumption. SECTION 11 . Said title is further amended by striking Code Section 16-9-58, relating to failure to pay for natural products or chattels, and inserting in lieu thereof a new Code Section 16-9-58 to read as follows: 16-9-58. Any person, either on his or her own account or for others, who shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, poultry and poultry products, cattle, hogs, sheep, goats, ratites, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and shall fail or refuse to pay therefor or shall make way with or dispose of the same before he or she shall have paid therefor unless credit shall be expressly extended therefor shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. SECTION 12 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking paragraphs (2), (11), (12), and (20) of Code Section 26-2-62, relating to definitions of terms used in Article 3 of Chapter 2 of Title 26, known as the Georgia Meat Inspection Act, and inserting in lieu thereof new paragraphs (2), (11), (12), and (20) to read as follows: (2) `Animal food manufacturer' means any person, firm, or corporation engaged in the business of manufacturing or processing food for animals, such food being derived wholly or in part from carcasses or parts or products of the carcasses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines. (11) `Meat broker' means any person, firm, or corporation engaged in the business of buying or selling, on commission, carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, ratites,

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rabbits, goats, horses, mules, or other equines, or otherwise negotiating purchases or sales of such articles other than for his or her own account or as an employee of another person, firm, or corporation. (12) `Meat food product' means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, ratites, rabbits, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or which historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the Commissioner under such conditions as the Commissioner may prescribe by regulation to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, ratites, rabbits, and goats. (20) `Renderer' means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, except rendering conducted under inspection under Code Sections 26-2-100 through 26-2-115. SECTION 13 . Said title is further amended by striking Code Section 26-2-84, relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded and removal of official marks, and inserting in lieu thereof a new Code Section 26-2-84 to read as follows: 26-2-84. Whenever any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, ratites, rabbit, goat, or equine is found by any authorized representative of the Commissioner upon any premises where it is held for purposes of, or during or after, distribution and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of Part 3 of this article or Title I of the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under Code Section 26-2-86 or notification of any federal authorities having jurisdiction over such article or animal; and it shall not be moved

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by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Commissioner that the article or animal is eligible to retain such marks. SECTION 14 . Said title is further amended by striking subsection (a) of Code Section 26-2-85, relating to seizure and condemnation of carcasses, meat, and meat food products, release bonds, and costs, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, ratite, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found. SECTION 15 . Said title is further amended by striking Code Section 26-2-100, relating to duties of inspectors, and inserting in lieu thereof a new Code Section 26-2-100 to read as follows: 26-2-100. The Commissioner shall appoint, from time to time, inspectors to make examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, the inspection of which is provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products are prepared. Said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment described in this chapter until the same shall have actually been inspected and found to be not adulterated. Said inspectors shall perform such other duties as are provided by this article and by the rules and regulations to be promulgated by the Commissioner. SECTION 16 . Said title is further amended by adding, following Code Section 26-2-100, a new Code Section 26-2-100.1 to read as follows:

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26-2-100.1. All examinations and inspections of ratite carcasses and parts thereof, of ratite meats and meat food products thereof, of sanitary conditions of all establishments in which ratite meat and meat food products are prepared, and any other examination or inspection of ratites and products thereof under or pursuant to this article shall be conducted by and through a voluntary inspection program with all costs thereof paid by the establishment slaughtering the ratites or preparing such meat or meat food product, at rates established by the Commissioner. SECTION 17 . Said title is further amended by striking Code Section 26-2-102, relating to inspection of animals prior to slaughter or preparation; examination and slaughtering of diseased animals; examination and inspection of method by which animals are handled and slaughtered; and the right of the Commissioner of Agriculture to deny or suspend inspections at establishments slaughtering animals by unapproved methods, and inserting in lieu thereof a new Code Section 26-2-102 to read as follows: 26-2-102. (a) For the purpose of preventing the use in commerce of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce. (b) All cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations promulgated by the Commissioner. (c) For the purpose of preventing the inhumane slaughtering of livestock, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commissioner finds

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that any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with paragraph (2) of Code Section 26-2-110 and Code Section 26-2-110.1 until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method. SECTION 18 . Said title is further amended by striking subsection (a) of Code Section 26-2-103, relating to post-mortem inspection and marking of carcasses and parts, disposition of condemned carcasses and parts, reinspection, and removal of inspectors, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this state in which such articles are prepared for commerce. SECTION 19 . Said title is further amended by striking subsection (a) of Code Section 26-2-104, relating to inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments and limitations on entry of carcasses, parts, meat, and meat products, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Code Sections 26-2-102 and 26-2-103 shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where inspection under this part is maintained; and such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products. SECTION 20 . Said title is further amended by striking Code Section 26-2-108, relating to sanitary inspections of slaughter and packing establishments, sanitation regulations, and labeling adulterated meat and meat food products, and inserting in lieu thereof a new Code Section 26-2-108 to read as follows:

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26-2-108. The Commissioner shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection as may be necessary to inform himself or herself about the sanitary conditions of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce. The Commissioner shall prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and, where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, the Commissioner shall refuse to allow the meat or meat food products to be labeled, marked, stamped, or tagged as `Inspected and Passed.' SECTION 21 . Said title is further amended by striking Code Section 26-2-109, relating to inspection of animals and food products thereof slaughtered and prepared at nighttime, and inserting in lieu thereof a new Code Section 26-2-109 to read as follows: 26-2-109. The Commissioner shall cause an examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments described in this part. Such inspection shall be made during the nighttime as well as during the daytime, when the slaughtering of said cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines or the preparation of said food products is conducted during the nighttime. SECTION 22 . Said title is further amended by striking Code Section 26-2-110, relating to slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally, and inserting in lieu thereof a new Code Section 26-2-110 to read as follows: 26-2-110. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat, or meat food products of any such animals: (1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with this article;

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(2) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Code Section 26-2-110.1; (3) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce: (A) Any such articles which: (i) Are capable of use as human food; and (ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) Any articles required to be inspected under this part unless they have been so inspected and passed; or (4) With respect to any such articles which are capable of use as human food, do any act while they are being transported in commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded. SECTION 23 . Said title is further amended by striking subsection (a) of Code Section 26-2-110.1, relating to approved methods for handling and slaughtering of animals and designation by the Commissioner of Agriculture of methods of handling and slaughtering, and inserting in lieu thereof a new subsection (a) to read as follows: (a) For purposes of this article, the following methods of slaughtering and handling are declared to be humane: (1) In the case of cattle, calves, horses, mules, sheep, swine, ratites, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or (2) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument. SECTION 24 . Said title is further amended by striking subsection (a) of Code Section 26-2-112, relating to inspection exceptions and labeling and handling of

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custom slaughtered and prepared meat or meat food products, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (c) of this Code section, the provisions of this part requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting such operations shall not apply to: (1) The slaughtering by any person of animals of his or her own raising and the preparation by him or her and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; (2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, ratites, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, ratites, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and members of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked `Not for Sale' immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or

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(3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year. SECTION 25 . Said title is further amended by striking Code Section 26-2-113, relating to storage and handling regulations for carcasses, meat, and meat food products, and inserting in lieu thereof a new Code Section 26-2-113 to read as follows: 26-2-113. The Commissioner may be regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting such articles whenever the Commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. SECTION 26 . Said title is further amended by striking Code Section 26-2-130, relating to buying, selling, transportation, etc., of dead, dying, disabled, or diseased animals, and inserting in lieu thereof a new Code Section 26-2-130 to read as follows: 26-2-130. No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any such animals, shall buy, sell, transport, offer for sale or transportation, or receive for transportation any dead, dying, disabled, or diseased cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or parts of the carcasses of any such animals, unless such transaction or transportation is made in accordance with such regulations as the Commissioner may promulgate, to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. SECTION 27 . Said title is further amended by striking Code Section 26-2-131, relating to registration of dealers in dead, dying, diseased, or disabled animals, and inserting in lieu thereof a new Code Section 26-2-131 to read as follows: 26-2-131. No person, firm, or corporation shall engage in business as a meat broker, renderer, or animal food manufacturer or engage in business as

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a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles, or engage in the business of buying, selling, or transporting in commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of such carcasses of any such animals unless, when required by regulations of the Commissioner, he or she has registered with the Commissioner his or her name and the address of each place of business at which, and all trade names under which, he or she conducts such business. SECTION 28 . Said title is further amended by striking subsection (a) of Code Section 26-2-132, relating to maintenance and inspection of records, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Commissioner, afford such representative and any duly authorized representative of the secretary of agriculture of the United States accompanied by such representative of the Commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor: (1) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food; (2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such animals; and (3) Any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or parts of such carcasses. SECTION 29 . Said title is further amended by striking Code Section 26-2-249, relating to unlawful acts under Article 7 of Chapter 2 of Title 26, known as the

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Georgia Dairy Act of 1980, and inserting in lieu thereof a new Code Section 26-2-249 to read as follows: 26-2-249. It shall be unlawful: (1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner; (2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, ratite, hog, or other livestock is kept; (3) To handle or ship milk, cream, ice cream, or other dairy products in unclean or unsanitary vessels; (4) To expose milk, cream, ice cream, or other dairy products to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria; (5) For any common carrier, railway, or express company to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at the depot for transportation; (6) For any common carrier, railway, or express company to allow merchandise of a contaminating nature to be stored on or with dairy products; (7) To use any branded or registered cream can or milk can or ice cream container for any purpose other than the handling, storing, or shipping of milk, cream, or ice cream; provided, however, that no person other than the rightful owner thereof shall use any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner; (8) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain which contains any article of food other than ice cream or dairy products; (9) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils; (10) To sell or offer for sale milk or cream 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; (11) To sell or offer for sale any milk or cream which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the milk or

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cream or the product manufactured therefrom unfit for human consumption; (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. SECTION 30 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (23) of Code Section 27-1-2, relating to definitions of terms used in Title 27, and inserting in lieu thereof a new paragraph (23) to read as follows: (23) `Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be `domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish. SECTION 31 . Said title is further amended by striking subsection (d) of Code Section 27-3-62, relating to open seasons for trapping, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding subsection (a) or (b) of this Code section, it shall be lawful to trap beaver, 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. SECTION 32 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (c) of Code Section 45-12-35, relating to the power of the Governor to pay a reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves, and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) The Governor shall, at the Governor's discretion, offer and cause to be paid rewards for the detection or apprehension of cattle, horse, ratites, or swine thieves stealing cattle, horses, ratites, or swine within this state; and such reward shall not exceed $1,000.00. SECTION 33 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 34 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. COURTS FEES OF SUPERIOR COURT CLERKS; AUTOMATED INFORMATION SYSTEM FOR REAL AND PERSONAL PROPERTY; COLLECTION AND REMITTANCE OF FEES; LOCAL VICTIM ASSISTANCE PROGRAMS. Code Sections 15-6-77 and 35-6A-7 Amended. Code Sections 15-6-97 and 15-6-98 Enacted. Code Title 15, Chapter 21, Article 8 Enacted. No. 236 (Senate Bill No. 114). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for sums for filing documents, instruments, and other papers pertaining to real estate and personal property for the purpose of effectuating the provisions of Code Section 15-5-97; to require the Georgia Superior Court Clerks' Cooperative Authority to develop an automated information system for real and personal property records; to provide for administration of funds; to provide for the powers and duties of the Georgia Superior Court Clerks' Cooperative Authority; to provide for limitations on expenditures; to provide for related matters; to provide for penalties; to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council; to provide that where there is no local approved program, such funds shall be paid to the district attorney and used to defray costs of victim assistance activities carried out by the district attorney's office; to provide for administrative procedures; to provide for monetary penalties for late transfer of funds; to provide for criminal penalties for refusal to remit funds; to amend Code Section 35-6A-7 of the Official Code of Georgia Annotated, relating to functions and authority of the Criminal Justice Coordinating Council, so as to reflect such functions

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of the council; to provide for related matters; to provide for an effective date and for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (f) of Code Section 15-6-77, relating to fees of clerks of the superior courts, and inserting in lieu thereof a new subsection (f) to read as follows: (f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable: (1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page $ 9.50 Each page, after the first 2.00 (ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page 4.50 Each page, after the first 2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page 10.00 Each page, after the first 2.00 (2) Filing maps or plats, each page 7.50 (3) For processing an assignment of a security deed, for each deed assigned 4.50.

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SECTION 2 . Said article is further amended by inserting new Code Sections 15-6-97 and 15-6-98 at the end thereof to read as follows: 15-6-97. (a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall have authority to implement rules and regulations necessary to develop the system described in this Code section. (b) The Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law: (1) To provide for the collection of moneys; (2) To manage, control, and direct such funds and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Cooperative Authority in its discretion shall determine will best further the public purpose of the authority; and (4) To exercise all other powers necessary for the development of the system provided for in this chapter. 15-6-98. (a) The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter. (b) From the fees enumerated in division (f)(1)(A)(i) of Code Section 15-6-77, the Georgia Superior Court Clerks' Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected. (c) The sums withheld pursuant to division (f)(1)(A)(i) of Code Section 15-6-77 shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority by each clerk of a superior court for the purpose of effectuating the provisions of this Code section and any other provision of law. Such fees shall be remitted not later than the tenth day of the month following the collection of such fees by the clerk of a superior court.

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SECTION 3 . Said title is further amended by adding at the end of Chapter 21, relating to payment and disposition of fines and forfeitures, a new Article 8 to read as follows: ARTICLE 8 15-21-130. It is the intent of this article to provide funding for local victim assistance programs. 15-21-131. (a) In every case in which any state court, superior court, or any municipal court of any unified or consolidated government in this state shall impose a fine, which shall be construed to include costs, for any criminal offense, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter. 15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over on a monthly basis as follows: (1) If the county where the fine was imposed operates or participates in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to that victim assistance program; or (2) If the county where the fine was imposed does not operate or participate in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds. (b) The Criminal Justice Coordinating Council shall promulgate rules governing the approval of victim assistance programs. The rules shall provide for the approval of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed

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against them. It is the intention of the General Assembly that approval shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. 15-21-133. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. 15-21-134. Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a misdemeanor. SECTION 4 . Code Section 35-6A-7 of the Official Code of Georgia Annotated, relating to functions and authority of the Criminal Justice Coordinating Council, is amended by striking the word and at the end of paragraph (9); by renumbering paragraph (10) as paragraph (11); and by inserting a new paragraph (10) to read as follows: (10) To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15; and. SECTION 5 . This Act shall become effective July 1, 1995. Sections 3 and 4 of this Act shall apply with respect to offenses committed on or after July 1, 1995. SECTION 6 . Sections 1 and 2 of this Act shall stand repealed on July 1, 1996. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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EDUCATION GRANTS; POWERS AND DUTIES OF NONPUBLIC POSTSECONDARY EDUCATION COMMISSION EXPANDED; TUITION EQUALIZATION GRANTS. Code Sections 20-3-250.5 and 20-3-411 Amended. No. 237 (House Bill No. 228). AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change certain definitions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state; to provide criteria for the receipt of tuition equalization grants; to provide for applicability; 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 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking paragraphs (8) and (9) of subsection (b) of Code Section 20-3-250.5, relating to the general powers and duties of the Nonpublic Postsecondary Education Commission, and inserting in lieu thereof the following: (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 (C) of paragraph (2) of Code Section 20-3-411. SECTION 2 . Said article is further amended by striking the word and at the end of subparagraph (A) of paragraph (2), by striking the period at the end of subparagraph (B) of paragraph (2) and inserting in lieu thereof ; and, and by adding at the end of paragraph (2) of Code Section 20-3-411, relating to definitions regarding tuition equalization grants, a new subparagraph (C) to read as follows: (C)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree granting

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institution of higher education; which is accredited by a regional accrediting agency recognized by the United States Department of Education; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a general education development (GED) certificate, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; and which has been in existence for at least ten years; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruction, student placement rate, research and library sources, faculty, support staff, financial resources, physical plant facilities resources, and support and equipment resources. (ii) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on the effective date of this Act shall be deemed to be eligible for receipt of tuition equalization grant funds subject, however, to any subsequent review of such approval pursuant to any proper regulations which may thereafter be adopted in accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions. SECTION 3 . This Act shall become effective on July 1, 1995. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. PROPERTY LANDLORD AND TENANT; NOTICE OF PREVIOUS FLOODING OF PROPERTY; CIVIL LIABILITY OF OWNER. Code Section 44-7-20 Enacted. No. 238 (House Bill No. 167). AN ACT To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, so as to provide that landlords shall be required to give a prospective residential tenant written notice of any previous flooding of such property in certain circumstances;

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to provide for tort liability for failure to provide notice; to provide for a definition and for applicability; 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 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, is amended by adding at the end thereof a new Code Section 44-7-20 to read as follows: 44-7-20. When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property's propensity of flooding if flooding has damaged any portion of the living space covered by the lease or attachments thereto to which the tenant or the tenant's resident relative has sole and exclusive use under the written agreement at least three times during the five-year period immediately preceding the date of the lease. An owner failing to give such notice shall be liable in tort to the tenant and the tenant's family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease. For purposes of this Code section, flooding is defined as the innundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell. This Code section shall apply only to leaseholds entered into on or after July 1, 1995. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. COMMERCE AND TRADE GEORGIA CONSIGNMENT OF ART ACT ENACTED; REGULATION OF CONSIGNMENTS OF ART. Code Title 17, Chapter 1, Article 17A Enacted. No. 239 (House Bill No. 477). 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 the

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regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title; to provide for definitions; to provide that certain acts constitute a consignment; to provide for exceptions; to require written contracts and provide for requirements related thereto; to provide for the effect of such a consignment; to provide for trusts, trust funds, and trust property; to provide that trust funds and trust property shall not be subject to certain rights of others; to provide for duties of art dealers and the display of works of art; to provide for certain waivers and prohibit certain waivers of the provisions of this article; to provide for applicability; to provide for agreements; to provide for penalties; to provide for damages and attorney's fees; to provide for other matters relative to the foregoing; 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, following Article 17, a new Article 17A to read as follows: ARTICLE 17A 10-1-520. This article shall be known and may be cited as the `Georgia Consignment of Art Act.' 10-1-521. As used in this article, the term: (1) `Art dealer' means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a non-profit organization. (2) `Artist' means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative. (3) `Consignment' means that no title to, estate in, or right to possession of the work of art superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art. (4) `Co-operative' means an association or group of artists which: (A) Engages in the business of selling only works of art which are produced or created by such artists;

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(B) Jointly owns, operates, and markets such business; and (C) Accepts such works of art from its members on consignment. (5) `Person' means an individual, partnership, corporation, association, entity, or other group, however organized. (6) `Value of the work of art' means an amount agreed upon by written contract as the monetary worth of a work of art which amount shall be used in determining damages in the instance of a violation of this article by an art dealer and shall not be used for any other purpose. (7) `Work of art' means an original art work which is: (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph; (B) A work of Calligraphy; (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen; (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or (E) A work in mixed media, including a collage or a work consisting of any combination of subparagraphs (A) through (D) of this paragraph. 10-1-522. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery. 10-1-523. (a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing: (1) The value of the work of art; (2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and (3) The minimum price for the sale of the work of art.

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(b) If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course. 10-1-524. A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state; (2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee; (3) The consignee shall be responsible for the loss of, or damage to, the work of art; and (4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing. 10-1-525. (a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full. (b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding. 10-1-526. Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void.

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10-1-527. An art dealer who accepts a work of art, on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photograph of the work of art only if: (1) Notice is given to users or viewers that the work of art is the work of the artist; and (2) The artist gives prior written consent to the particular use or display. 10-1-528. This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995. 10-1-529. Any art dealer who violates this article is liable to the artist in an amount equal to: (1) Fifty dollars; and (2) The actual damages, if any, including the incidental and consequential damages sustained by the artist by reason of the violation and reasonable attorney's fees. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. MOTOR VEHICLES AND TRAFFIC BICYCLES TO BE RIDDEN ON EXTREME RIGHT SIDE OF ROADWAY EXCEPT UNDER CERTAIN CIRCUMSTANCES. Code Section 40-6-294 Amended. No. 240 (House Bill No. 552). AN ACT To amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirement that a bicycle shall ride as near to the right

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side of the roadway as practicable; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling, when the lane is too narrow to share safely with a motor vehicle, when traveling at the same speed as traffic, or while exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road. As used in this subsection, the term `hazards to safe cycling' includes, but is not limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. TAX FORECLOSURES IN REM TAX FORECLOSURES; PETITIONS; NOTICE; HEARING; JUDGMENT; REDEMPTION; SALE; TAX DEED. Code Title 48, Chapter 4, Article 5 Enacted. No. 241 (Senate Bill No. 338). AN ACT To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure procedures; to provide for judicial in rem tax foreclosure; to provide for definitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide the form of the tax foreclosure petition; to provide for a judicial hearing; to provide for payment of taxes; to provide for a foreclosure sale; to provide for a period of redemption; to provide the form of the tax deed; 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 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 48-4-75. The General Assembly finds that the nonpayment of ad valorem taxes by property owners effectively shifts a greater tax burden to property owners willing and able to pay their share of such taxes, that the failure to pay ad valorem taxes creates a significant barrier to neighborhood and urban revitalization, that significant tax delinquency creates barriers to marketability of the property, and that nonjudicial tax foreclosure procedures are inefficient, lengthy, and commonly result in title to real property which is neither marketable nor insurable. In addition, the General Assembly finds that tax delinquency in many instances results in properties which present health and safety hazards to the public. Consequently, the General Assembly further finds that the alternative to nonjudicial tax foreclosure procedures authorized by this article is an effective means of eliminating health and safety hazards by putting certain tax delinquent properties back on the tax rolls and into productive use. 48-4-76. (a) In addition to any other rights and remedies provided under state law for the enforcement of tax liens by the State of Georgia and its counties and municipalities, such governmental entities may proceed with judicial in rem tax foreclosures for delinquent taxes in accordance with the provisions of this article by enactment of an ordinance or resolution of the governing authority of the county in which the property is located. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of this article. (b) Proceedings in accordance with this article are designed solely to enforce the lien for ad valorem taxes against the property subject to such taxation and shall not constitute an action for personal liability for such taxes of the owner or owners of such property. (c) The rights and remedies set forth in this article are available solely to the governmental entities authorized by law to collect ad valorem taxes and shall not extend to any transferee of tax executions or tax liens.

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48-4-77. As used in this article, the term: (1) `Interested party' means: (A) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (B) Those parties having filed a notice in accordance with Code Section 48-3-9; and (C) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. `Interested Party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected. (2) `Redemption amount' means the full amount of the delinquent ad valorem taxes, accrued interest at the rate specified in Code Section 48-2-40, penalties determined in accordance with Code Section 48-2-44, and costs incurred by the governmental entity in collecting such taxes including without limitation the cost of title examination and publication of notices. 48-4-78. (a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. (b) The tax commissioner or other tax collector, as appropriate, shall file a petition with the superior court of the county in which the property is located, which petition shall have form and content substantially identical to that form as provided in subsection (g) of this Code section. When the subject property is located in more than one taxing jurisdiction, the entity filing the petition shall identify in the petition only those portions of such property lying within the jurisdiction of the taxing authority of the petitioner. (c) The petition shall be filed against the property for which taxes are delinquent and shall provide: (1) The identity of the petitioner and the name and address of the individual responsible for collecting the delinquent taxes;

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(2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The calendar year or years for which the taxes are delinquent; (6) The principal amount of the delinquent taxes together with interest and penalties; and (7) The names and addresses of parties to whom copies of the petition are to be sent in accordance with subsection (d) of this Code section. (d) The petitioner shall mail copies of the petition by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the petition shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property. (e) Simultaneous with the filing of the petition, the petitioner shall cause notice of the petition to be filed in the appropriate lis pendens docket in the county in which the property is located. (f) Within 30 days of the filing of the petition, the petitioner shall cause a notice of the filing of the petition to be published on two separate dates in the official organ of the county in which the property is located. Such notice shall specify: (1) The identity of the petitioner and the name and address of the individual responsible for collecting the delinquent taxes; (2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The applicable period of tax delinquency; (6) The principal amount of the delinquent taxes together with interest and penalties; and (7) The date and place of the filing of the petition. (g) The petition for ad valorem tax foreclosure shall be written or printed, or written in part and printed in part, and shall be in substantially the following form:

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PETITION FOR AD VALOREM TAX FORECLOSURE COMES NOW ( Petitioner ) and petitions this Court for an in rem tax foreclosure by showing this Court as follows: 1. ..... is the owner of certain real property located at..... (the `Property') having a tax identification number of...... (A legal description of the Property is attached hereto as Exhibit `A' and by this reference incorporated herein). 2. The ad valorem taxes assessed against the Property by City/County of..... for the year (s)..... in the amount of $..... (amount includes principal amount of taxes owed and any accrued interest and penalties as of this date) have not been paid. 3. Attached hereto as Exhibit `B' is a list of the names and addresses of Interested Parties also receiving a copy of this Petition by certified mail return receipt requested. 4. ..... and..... as occupants of the respondent Property shall be served by mailing the petition by first-class mail to the attention of the occupants at the above-listed Property address.

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5. The Petition has also been posted on the Property in accordance with Code Section 48-4-78 of the Official Code of Georgia Annotated. 6. Simultaneously with the filing of this Petition, Petitioner has filed a lis pendens. WHEREFORE, Petitioner demands (1) a hearing in the Superior Court of..... County (the `Court') and (2) a judgment by the Court stating that (a) the taxes for the Property are delinquent and (b) that Notice has been given to all Interested Parties, and ordering that the Property may be sold at public outcry pursuant to Code Section..... of the Official Code of Georgia Annotated. TAX COMMISSIONER/TAX COLLECTOR City/County of..... By:..... Its:..... NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES This Petition serves as notice to the Respondents and all Interested Parties that (1) each party is presumed to own or have a legal interest in the Property, (2) that foreclosure proceedings have been commenced because of the failure to pay the real property taxes cited above, and (3) foreclosure will result in the loss of ownership of the Property and all rights or interests of all Interested Parties. To avoid loss of ownership or any interest in the Property, payment of the full amount of taxes, penalties, interest, and costs must be paid to the..... office located at..... by..... date. Respondents and all Interested Parties are also reminded that each of you may wish to contact an attorney to protect your rights. A Hearing on the above matter shall take place in the Superior Court of..... County no earlier than 30 days after the filing of this Petition. To determine the exact time and date of such hearing, please call Clerk of Superior Court of..... County. This..... day of.....,...... ..... Deputy Clerk Superior Court of..... County

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EXHIBIT A Description of the Property ..... ..... ..... Together with all rights, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the taxes being foreclosed. EXHIBIT B Names and Addresses of Interested Parties ..... ..... ..... 48-4-79. (a) The petitioner shall request that a judicial hearing on the petition occur not earlier than 30 days following the filing of the petition. At such hearing any interested party shall have the right to be heard and to contest the delinquency of the taxes or the adequacy of the proceedings. If the superior court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that: (1) The taxes are delinquent; (2) Proper notice has been given to all interested parties; (3) The property as described in the petition be sold in accordance with the provisions of this article; and (4) The sale shall become final and binding 60 days after the date of the sale in accordance with Code Section 48-4-81. (b) The order of the superior court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than: (1) Rights of redemption provided under federal law; (2) Tax liens held by Georgia governmental entities other than the petitioner which are superior to the taxes identified in the petition by virtue of the provisions of subsection (b) of Code Section 48-2-56; (3) The holders of easements and rights-of-way described in Code Section 48-3-9; and

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(4) The holders of the benefits or burdens of any real covenants filed of record as of the date of filing of the petition. (c) If, upon production of evidence to the court by any party, it is determined by the court that any interested party died within the six-month period of time immediately preceding the filing of the petition, the court may postpone the hearing, for a period of up to six months, to allow the administrator or executor of the estate adequate time to close the estate. 48-4-80. (a) At any point prior to the moment of the sale, any interested party may redeem the property from the sale by payment of the redemption amount. Payment shall be made to the petitioner. Following receipt of such payment, the petitioner shall file for dismissal of the proceedings. (b) In the event of such payment by the owner of the subject property, the proceedings shall be dismissed and the rights and interests of all interested parties shall remain unaffected. (c) In the event of such payment by any interested party other than the owner, the party accomplishing such payment shall possess a lien on the property for the full amount of such payment, which lien shall have the same priority as the lien for the delinquent taxes. Such lien holder shall have the right to enforce such lien as permitted to the holder of any lien under existing law. Such lien holder shall not otherwise succeed to the rights of the petitioner as described in this article. 48-4-81. (a) Following the hearing and order of the superior court in accordance with Code Section 48-4-79, a sale of the property shall be advertised and conducted on the date, time, place, and manner which are required by law of sheriffs' sales. Such sale shall not occur earlier than 45 days following the date of issuance of such order of the superior court. (b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the petitioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale. (c) From and after the moment of the sale, the sale shall be final and binding, subject only to the right of the owner of the property to redeem the property from the sale upon payment into the superior court of the full amount of the minimum bid price of the sale. Such right of redemption of the owner shall exist for a period of 60 days from and after the date of the sale and shall be in accordance with the following provisions:

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(1) Redemption by an owner in accordance with this subsection shall result in a dismissal of the proceedings. Immediately following such redemption by an owner, if the property was sold to a third party at the sale, the petitioner shall refund to such purchaser the full amount paid by such purchaser at the sale; (2) For purposes of redemption under this subsection, `owner' shall mean the owner of record of fee simple interest in the property as of the date of filing of the petition, together with such owner's successors-in-interest by death or operation of law. This right of redemption shall not otherwise be transferable; and (3) This right of redemption shall automatically terminate and expire upon failure to redeem in accordance with the provisions of this subsection within the 60 day period following the date of the sale. (d) If the property is not redeemed by the owner in accordance with subsection (c) of this Code section, then within 90 days following the date of the sale, the petitioner shall cause to be executed on behalf of the petitioner and delivered to the foreclosure sale purchaser a deed for the property in substantially the form set forth in subsection (g) of this Code section, together with such real estate transfer tax declaration forms as may be required by law. (e) Within 90 days following the date of the sale, the petitioner shall file a report of the sale with the superior court, which report shall identify whether a sale took place, the foreclosure sale price, and the identity of the purchaser. (f) In the event that the foreclosure sale price exceeds the minimum bid amount at the foreclosure sale, the petitioner shall deposit into the registry of the superior court the amount of such surplus. Such surplus shall be distributed by the superior court to the interested parties, including the owner, as their interests appear and in the order of priority in which their interests exist. (g) The form of the deed provided for in subsection (d) of this Code section shall be substantially as follows:

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WITNESSETH WHEREAS, on the..... day of.....,....., during the legal hours of sale, Grantor did expose for sale at public outcry to the highest bidder for cash before the courthouse door in..... County, Georgia, the Property (as hereinafter defined) at which sale Grantee was the highest and best bidder for the sum of $..... and the Property was then and there knocked off to Grantee for said sum. The sale was made by Grantor pursuant to and by virtue of the power and authority granted to it in that certain Order granted.....,....., Case No......, Superior Court of..... County, Georgia (the `Order'). Said sale was made after advertising the time, place, and terms thereof in the....., published in....., Georgia, in the aforesaid county, and being the publication in which Sheriff's advertisements for said county are now published, once a week for four consecutive weeks prior to said sale on the.....,.....,....., and..... of.....,....., and said advertisement in all respects complied with the requirements of Code Section..... of the Official Code of Georgia Annotated. Notice of the time, place, and terms of the sale of the Property was given pursuant to Code Section..... of the Official Code of Georgia Annotated. Said sale was made for the purpose of paying the ad valorem taxes owed to....., the interest and penalties on said indebtedness, the expenses of the sale including attorneys' fees, all of which were mature and payable because of failure of the owner to pay the ad valorem taxes owed. NOW, THEREFORE, Grantor, acting under and by virtue of the Order and pursuant to Code Section..... of the Official Code of Georgia Annotated, for and in consideration of the facts hereinbefore recited, has bargained, sold, and conveyed and does hereby bargain, sell, and convey unto Grantee, its successors and assigns, the following described property (herein referred to as the `Property'); to wit: All that tract or parcel of land lying and being in Land Lot..... of the..... District,..... County, Georgia, and being more particularly described on Exhibit `A' attached hereto and by this reference made a part hereof. This Deed is given subject to all restrictions and easements, if any, to which the Deed is junior and inferior in terms of priority, and any and all tax liens which pursuant to subsection (b) of Code Section 48-2-56 of the Official Code of Georgia Annotated are superior to the rights conveyed herein relating to the Property. TO HAVE AND TO HOLD, the Property unto Grantee, its successors and assigns in fee simple.

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IN WITNESS WHEREOF, Grantor, has caused its duly authorized officer to sign and seal this Deed as of the day and year first above written. EXHIBIT A Description of the Property ..... ..... ..... Together with all right, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the taxes being foreclosed. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. TAX EXECUTIONS SALE BY COUNTIES AND MUNICIPALITIES; NOTICE; EXCLUSIONS FROM TRANSFER; CHARGES FOR RELEASE; BIDS BY LAND BANK AUTHORITIES. Code Sections 48-3-19 and 48-4-64 Amended. No. 242 (Senate Bill No. 89). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain provisions relating to

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selling and transferring certain executions in lot blocks by the governing authority of each county in this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, or by the governing authority of any municipality in such county, shall be applicable state wide; to change certain provisions relating to notice of sales of tax executions; to provide a method for determining which tax executions may be transferred; to change certain provisions relating to amounts which may be charged by transferees of tax executions; to change certain provisions relating to land bank authority acquisition of property at tax sales; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 48 is amended by striking paragraph (1) of subsection (b) of Code Section 48-3-19, relating to the transfer of tax executions, and inserting in its place a new paragraph (1) to read as follows: (b)(1) The county governing authority of each county in this state and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, executions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the portion of the taxes payable to the state and the portion of the discount applicable to the taxes due the state shall be absorbed by the county or municipality. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions. SECTION 2 . Said title is further amended by striking paragraph (4) of subsection (b) of Code Section 48-3-19, relating to the transfer of tax executions, and inserting in its place a new paragraph (4) to read as follows: (4) Tax executions sold and transferred at a discount in accordance with this subsection shall not be enforced by levy within three months of the date of the transfer. Nothing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the

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executions or to interfere with the collection of the executions in any manner other than by levy of the executions. Tax executions sold and transferred in accordance with this subsection are not subject to the prior notice provision of subsection (a) of this Code section; provided, however, that both the defendant in fi. fa. and the current property owner of record shall be listed in a notice to be published not less than once a week for three weeks during the 90 day period prior to levy in the legal organ of the county in which the execution was issued. SECTION 3 . Said title is further amended in Code Section 48-3-19, relating to the transfer of tax executions, by striking subsection (d) and inserting in its place new subsections (d) and (e) to read as follows: (d) In addition to the provisions of subsection (c) of this Code section, no person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if: (1) The property which is the subject of the tax execution has been included among a list of properties identified by the local tax official, as authorized by the local governing authority, as eligible for exclusion from transfer of execution; (2) A public hearing has been held on the issue of excluding such property from eligibility for transfer of execution; and (3) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best interest of the public. (e) The person to whom a tax execution is transferred as provided in this Code section or such person's successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum and any other costs associated with the filing of a transferred tax execution on any general execution docket. SECTION 4 . Said title is further amended by striking subsection (a) of Code Section 48-4-64, relating to the acquisition and disposal of property by land bank authorities, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If any party obtains a judgment against a tax delinquent property within the party county for the taxes and, to satisfy the judgment, the

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property is ordered sold at a tax sale, the authority may tender one bid at such sale, and such bid shall be comprised of the authority's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner shall accept the authority's bid and make a deed of the property to the authority. SECTION 5 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995. (b) Section 4 of this Act shall become effective on July 1, 1995. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. COURTS JAIL CONSTRUCTION AND STAFFING; EXPENDITURE OF MONEYS COLLECTED AND PLACED IN COUNTY JAIL FUND; REGIONAL JAIL AUTHORITIES INCLUDED. Code Section 15-21-95 Amended. No. 244 (House Bill No. 348). AN ACT To amend Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the Jail Construction and Staffing Act, so as to change the provisions relating to the expenditures of moneys; to authorize use of funds for contracts with regional jail authorities and the construction, operation, maintenance, and staffing of jails and other facilities by regional jail authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the Jail Construction and Staffing Act, is amended by striking Code Section 15-21-95, relating to expenditure of moneys, and inserting in lieu thereof a new Code Section 15-21-95 to read as follows:

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15-21-95. Moneys collected pursuant to this article and placed in the county jail fund shall be expended by the governing authority of the county or counties solely and exclusively for constructing, operating, and staffing county jails, county correctional institutions, and detention facilities of the county or for the purpose of contracting for such facilities with other counties, the state, municipalities, regional jail authorities, or other political subdivisions as authorized by Article IX, Section III, Paragraph I of the Constitution. The county jail fund and moneys collected pursuant to this article to be placed in the county jail fund may be pledged as security for the payment of bonds issued for the construction of county jails, county correctional institutions, detention facilities of the county or counties, and jails constructed and operated by regional jail authorities. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of constructing, operating, or staffing jails, correctional institutions, and detention facilities. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. LOCAL GOVERNMENT REVENUE BOND LAW; UNDERTAKING DEFINED TO INCLUDE JAILS. Code Section 36-82-61 Amended. No. 245 (House Bill No. 349). AN ACT To amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the Revenue Bond Law, so as to change the definition of undertaking to include jails and all other structures and facilities which are necessary and convenient for the operation of jails; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the Revenue Bond Law, is amended by striking paragraph (4) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Undertaking' includes the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

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(A) Causeways, tunnels, viaducts, bridges, and other crossings; (B) Highways, parkways, airports, docks, piers, wharves, terminals, and other facilities; (C) Systems, plants, works, instrumentalities, and properties: (i) Used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (ii) Used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment; (iii) Used or useful in connection with the collection, treatment, reuse, or disposal of solid waste; or (iv) Used or useful in connection with buying, constructing, extending, operating, and maintaining gas or electric generating and distribution systems together with all necessary appurtenances thereof; provided, further, any revenue certificates issued to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation, or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation, or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, or political subdivision affected; (D) Dormitories, laboratories, libraries, and other related facilities; (E) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums; buildings to be used for various types of sports, including baseball and football; buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and such buildings to be used for fairs, expositions, or exhibitions in connection therewith;

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(F) Combinations of sea wall, groin, and beach crosion protection systems; (G) Public parking areas and public parking buildings; (H) Purchase of lands used by the United States government as army camps for the training of soldiers during the war, when and if the same is declared surplus by the United States government or its authority, provided that a county shall only be allowed to purchase lands which were within its boundaries at the time such lands were acquired by the United States government or any division of the United States government; (I) Parking meters on streets, thoroughfares, parkways, and any avenue of traffic, such meters to be located thereon or immediately adjacent thereto for the purpose of providing space for vehicles and authorizing the use of same for parking purposes upon the payment of a charge therefor; (J) Purchase of existing public common carriers of passengers for hire and facilities necessary, incident, or needful thereto by the use of motor buses, trackless trolleys, electric trolleys, or any other means of transportation of passengers on the streets and highways; (K) The purchase of land and the construction thereon of facilities for lease to industries, so as to relieve abnormal unemployment conditions; and (L) Jails and all other structures and facilities which are necessary and convenient for the operation of jails. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. REVENUE AND TAXATION SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; PROCEDURE FOR IMPOSITION; CAPITAL OUTLAY PROJECTS; CERTAIN REGIONAL FACILITIES INCLUDED. Code Section 48-8-111 Amended. No. 246 (House Bill No. 346). AN ACT To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to provide for the inclusion of capital outlay projects consisting of regional jails, correctional institutions, or other

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detentional facilities; 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 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify: (1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or outside, or both within and outside, any incorporated areas in the county or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes: (A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county or regional jail, correctional institution, or other detention facility; a county library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or

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more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility (or a facility for some combination of such purposes); (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities; (G) The retirement of previously incurred general obligation debt of the county other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or (H) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued other than for road, street, and bridge purposes, the interest rate or rates or the maximum interest

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rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. SECTION 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 7, 1995. CRIMINAL PROCEDURE JAILING PRISONERS OUTSIDE COUNTY WHERE OFFENSE COMMITTED; LIABILITY FOR JAIL FEES AND COSTS. Code Section 17-7-1 Amended. No. 247 (House Bill No. 347). AN ACT To amend Article 1 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to pretrial proceedings in criminal cases, so as to provide for an exception to the requirements of Code Section 17-7-1 relating to the jailing of prisoners where there is no secure jail in the county; to provide for jailing of prisoners in counties other than where their offenses were committed; 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 17 of the Official Code of Georgia Annotated, relating to general provisions relative to pretrial proceedings in criminal cases, is amended by striking Code Section 17-7-1, relating to jailing of prisoners where there is no jail in a county, jail fees and costs, and taxation to pay costs, and inserting in lieu thereof a new Code Section 17-7-1 to read as follows: 17-7-1. When there is no secure jail in a county or when it is deemed necessary by the sheriff, any person committing an offense in the county may be sent to a jail in another county determined to be suitable by the sheriff. The county where the offense is committed shall be primarily liable for jail fees and costs and shall pay the same monthly in advance to the county holding the prisoner. For the purpose of raising funds to pay the

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costs, the county governing authority may levy and collect an additional tax. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. PENAL INSTITUTIONS REGIONAL JAIL AUTHORITIES ACT. Code Title 42, Chapter 4, Article 5 Enacted. No. 248 (House Bill No. 345). AN ACT To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the creation of regional jail authorities; to provide for a short title; to provide for a statement of authority; to provide that such authorities are created for public purposes; to provide for exemption of such authorities and the property and purchases thereof from taxation; to provide for a statement of policy; to provide for definitions; to provide for the creation of authorities; to provide for boards of directors; to provide for operation of jails; to provide for management committees; to provide for quorums; to provide for voting requirements; to provide for purposes, powers, and duties of such authorities; to provide for limitation on liability of members, officers, or employees of such authorities; to provide for bonds or other obligations and practices, procedures, requirements, and limitations connected therewith; to provide for construction; to provide for withdrawal from such an authority; to provide that the construction, operation, and maintenance of county jails shall not be prohibited; to provide for other matters relating to regional jail authorities; 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 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 42-4-90. This article shall be known and may be cited as the `Regional Jail Authorities Act.'

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42-4-91. (a) This article is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this article is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons, the state covenants from time to time with the holders of the bonds issued under this article that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include exemption from sales and use tax on property purchased by the authority or for use by the authority. (b) It is the express policy of the State of Georgia that any authority created by this article shall be authorized to enter into agreements with any county for the purpose of building, owning, and operating a jail facility for the county. 42-4-92. As used in this article, the term: (1) `Authority' means each public body corporate and politic created pursuant to this article. (2) `Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the jail facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for jail functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the jail in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the jail; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this article. The costs of any jail may also

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include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of any jail and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the jail and may be paid or reimbursed as such out of the proceeds of user fees, or revenue bonds or notes issued under this article for such jail, or from other revenues obtained by the authority. (3) `County' means any county of this state or governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) `Governing body' means the elected or duly appointed officials constituting the governing body of each county in the state. (5) `Management committee' means a regional jail authority management committee created pursuant to Code Section 42-4-95. (6) `Project' means a jail and all other structures including electric, gas, water, and other utilities and facilities, equipment, personal property, and vehicles which are deemed by the authority as necessary and convenient for the operation of the jail. 42-4-93. (a) Any two or more counties may jointly form an authority, to be known as the regional jail authority for such counties. No authority shall transact any business or exercise any powers under this article until the governing authorities of the counties involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of each county to enter into an agreement with the other county or counties for the activation of an authority and such agreement is executed. Such authorities shall be public bodies, corporate and politic, and instrumentalities of the State of Georgia. A copy of the ordinance or resolution and agreement among participant counties shall be filed with the Secretary of State who shall maintain a record of all authority activities under this article. (b) No county may be included in an authority without approval of the sheriff of the participant county. (c) Article 2 of Chapter 17 of Title 50, the `Georgia State Financing and Investment Commission Act,' shall not apply to any authority created under this Code section.

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42-4-94. (a) Control and management of the authority shall be vested in a board of directors. Each county participating in the authority shall appoint the sheriff of the county for the term of such sheriff's office. One other member from each participating county shall be appointed for a four-year term. An additional member shall be appointed by the directors themselves. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper. (b) It is the duty of the board of directors to erect or repair, when necessary, the jail and to furnish the jail with all the furniture necessary for the different rooms, offices, and cells. The jail shall be erected and kept in order and repaired at the expense of the authority under the direction of the board of directors which is authorized to make all necessary contracts for that purpose. The board of directors shall pass an annual budget sufficient for the efficient and effective operation of the jail. (c) Members of the board of directors of an authority formed pursuant to this Code section may agree that additional counties may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under such terms as may be imposed by such two-thirds of the members of such board of directors. 42-4-95. (a) The jail shall be managed and operated by a regional jail authority management committee, composed of all of the sheriffs from the participant counties. The regional jail authority management committee shall have all of the responsibilities provided in Code Section 15-16-24 and this chapter, including the employment and supervision of all personnel employed to operate the jail. The sheriffs shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary who may or may not be a member of the committee. The committee shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The committee may delegate to one or more of the officers, agents, and employees of the committee such powers and duties as may be deemed necessary and proper. (b) In the event that the authority consists of an even number of counties, the sheriffs shall then elect one member, who may or may not

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be a member of the authority's board of directors, to serve on the management committee. 42-4-96. (a) A majority of the board of directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors. (b) A majority of the regional jail authority management committee shall constitute a quorum for the transaction of business of the management committee. 42-4-97. Each authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions except to the extent the authority has governmental immunity, venue being located in the host county of any project of the authority. The authority shall have no governmental immunity against suits by bondholders or their investors; (2) To adopt and amend the corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, or to operate or cause to be placed in operation and operated, a jail or jails within the counties in which the authority is activated and subject to execution of agreements with appropriate political subdivisions affected within other counties and to pay all or part of the cost of any such jail or jails from the proceeds of revenue bonds of the authority or from any combination or loan by persons, firms, or corporations or from any other contribution or use fees, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a jail or jails; the improving, extending, adding to, reconstructing, renovating, or remodeling of any jail or jails or parts thereof already constructed or acquired; or the demolition to make room for such jail or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authority may also use such property and rent or lease the same to or from others or make contracts with respect to the use

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thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of jails and leases of jails or contracts with respect to the use of jails which it causes to be acquired or constructed on a negotiated basis without competitive bid, provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the provisions of this paragraph, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of jail facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this article and may enter into an agreement or agreements with respect to any such jail facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this article, as the parties thereto shall deem to be in their best interests, including, but not limited to, provisions for the construction, operation, and maintenance of such jail facility by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and

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disposal with respect to such facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority; (7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or instrumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, department, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (8) To do any and all things necessary or proper for the accomplishment of the objectives of this article and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel by and through the management committee and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this article, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (9) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any jail, including the cost of extending, adding to, or improving such jail, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this article and to pay all other costs of the authority incident to, or necessary and appropriate to,

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such purposes, including the provision of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 42-4-98; and (10) To fix rentals and other charges which any user shall pay to the authority for the use of a jail or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to the use of any part of any jail or jails. Such rentals and other charges shall be so fixed and adjusted with respect to the aggregate thereof from the jail or any part thereof so as to provide a fund with other revenues of such jail, if any, to pay the cost of maintaining, repairing, and operating the jail, including reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the jail for water, light, sewer, and other services furnished by other facilities at such jail. 42-4-98. (a) Every duty and responsibility of the sheriff of a participant county to operate a jail in an efficient and orderly manner is imposed upon the management committee and to that extent the sheriff of a participant county is relieved of those duties with respect to the operation of a jail including specifically, but without limitation, Code Sections 15-16-24 and this chapter. (b) Every duty and responsibility of the governing body of a participant county to erect, repair, and furnish a jail in an efficient and orderly manner is imposed on the authority as provided in the agreement between the participating government and the authority and to that extent the county is relieved, including specifically but without limitation, of those duties imposed by Code Sections 36-9-5 through 36-9-11, with respect to jails. The authority shall adopt a budget for the operation of the jail that reasonably and adequately provides for the personnel, training of personnel, equipment, facilities, and other items necessary for the management committee to operate the jail. The authority shall hold budget hearings not less than 120 days prior to the adoption of the budget. 42-4-99. Except for willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his or her responsibilities, shall be subject to any liability resulting from: (1) The design, construction, ownership, maintenance, operation, or management of a jail or jails; or

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(2) The carrying out of any of the discretionary powers or duties expressly provided for in this article. 42-4-100. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any jail, including the cost of extending, financing, adding to, or improving such jail, or for the purpose of refunding any bond anticipation notes issued in accordance with this article or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same jail or with any other jails, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for

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any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this article, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provision which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitation with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this article. (g) All revenue bonds issued by an authority under this article will be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as provided in subsection (f) of this Code section and except as specifically set forth below: (1) Revenue bonds issued by an authority shall be fully registered and shall be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district

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attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notes or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such bonds shall bear interest at such rate or rates without regard to any limitation contained in any other statute or law of this state; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (h) The term `cost of project' shall have the meaning prescribed in paragraph (2) of Code Section 42-4-92 whenever referred to in bond resolutions of an authority, bonds, and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds. 42-4-101. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a jail authority as part of its demonstration of adequate financial responsibility pursuant to this article. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bond or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision. 42-4-102. (a) This article shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' or any other law. (b) A county or any number of counties shall have the right to activate any authority under this article, notwithstanding the existence of any other authority having similar powers or purposes within the county or a municipal corporation created pursuant to any general law or amendment

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to the Constitution of this state. However, nothing in this article shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence. 42-4-103. (a) Failure of a participant county to execute an operation and finance agreement duly adopted by the authority at a regularly scheduled meeting or a meeting called for that purpose within 60 days after such agreement has been executed by two or more participant counties shall constitute a withdrawal from the authority. (b) Any participant county may withdraw from the authority subject to any contract, obligation, or agreement with the authority, but no participant county shall be permitted to withdraw from any authority after any obligation has been incurred by the authority. The governing body of the participant county wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance. 42-4-104. Notwithstanding anything contained in this article, no participant county shall be prohibited from establishing and maintaining any jail or jail-holding facility. Notwithstanding any other provision in this chapter, sheriffs shall operate the county jail as provided in the laws of this state as if the county was not a participant in the regional jail authority. 42-4-105. Regional jail authorities shall be carrying out an essential governmental function on behalf of participant counties and are, therefore, given immunity from liability for carrying out their intended functions. 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 7, 1995.

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EDUCATION NONRENEWAL OF TEACHER CONTRACTS; TERMS DEFINED; CERTAIN RIGHTS OF SCHOOL ADMINISTRATORS LIMITED; TRAINING WORKSHOPS FOR MEMBERS OF LOCAL BOARDS OF EDUCATION. Code Sections 20-2-942 and 20-2-230 Amended. No. 249 (House Bill No. 154). AN ACT To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators; to provide for contracts and policies; to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for members of local boards of education, so as to change the provisions relating to the entities conducting training workshops; 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 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, is amended by adding after paragraph (1) of subsection (a) thereof the following: (1.1) `School administrator' means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description. SECTION 2 . Said Code section is further amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following: (4) `Teacher' means any professional school employee certificated by the Professional Standards Commission, but not including school administrators. SECTION 3 . Said Code section is further amended by adding at the end thereof the following: (c)(1) A person who first becomes a school administrator on or after the date this subsection first becomes effective shall not acquire any rights under this Code section to continued employment with respect

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to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective shall retain such rights: (A) In that administrative position which such administrator held immediately prior to such date; and (B) In any other administrative position to which such administrator has been involuntarily transferred or assigned, and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions. (2) A teacher who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board. (2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection. (3) Nothing in this subsection shall affect positions which, prior to the date this subsection first becomes effective, had no rights to continued employment under this Code section, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employment under annual contracts, including but not limited to those rights under Code Section 20-2-940. (4) Notwithstanding the other provisions of this subsection, a local board of education may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public

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hearing after at least 30 days' notice published in the local legal organ. SECTION 4 . Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for members of local boards of education, is amended by striking subsection (b) thereof and inserting in its place the following: (b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the `Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association or other agencies or associations, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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EDUCATION HIGH SCHOOL STUDENTS; ENROLLMENT IN POSTSECONDARY COURSES; ELIGIBLE INSTITUTIONS. Code Section 20-2-161.1 Amended. No. 251 (Senate Bill No. 47). AN ACT To amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term eligible institution or institution; to thereby change the types of institutions in which such high school students may so enroll; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment of high school students in postsecondary courses, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph to read as follows: (3) `Eligible institution' or `institution' means any of the following located within Georgia: any two-year or four-year degree-granting public college or university; any state operated postsecondary technical institution; or, for those pupils eligible under subsection (b) of this Code section who live more than 25 miles from a degree-granting public college or university, any two-year or four-year regionally accredited degree-granting nonproprietary college or university. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. EDUCATION CHARTER SCHOOLS; DURATION OF CONTRACTS AND RENEWALS; ACADEMIC AND OR VOCATIONAL; MAJORITY REQUIRED FOR APPROVAL; ACHIEVEMENT BASED OBJECTIVES. Code Section 20-2-255 Amended. No. 252 (Senate Bill No. 54). AN ACT To amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and

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charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which academic and or vocational performance based school contract charters shall remain in effect; to provide requirements for operation of charter schools; to change the period of time for which charters may be renewed; to change the required majority for approval of certain actions related to school charters; to provide for preference in funding for charter schools; to provide for other matters related to charter schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, is amended by striking Code Section 20-2-255, relating to charter schools, and inserting in its place a new Code section to read as follows: 20-2-255. (a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding academic and or vocational performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title. (b) For purposes of this Code section, the term: (1) `Charter' means an academic and or vocational performance based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial period of up to five years. Each academic and or vocational performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title according to the terms of the contract. (2) `Charter school' means a school that is operating under the terms of a charter granted by the state board. (3) `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 of the Constitution. (4) `Local school' means a public school in Georgia which is under the management and control of a local board. (5) `Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status.

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(6) `State board' means the State Board of Education. (c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must: (1) Be approved by the local board of education; (2) Be freely agreed to by a majority of the faculty and instructional staff members by secret ballot at the school initiating the petition; (3) Be agreed to by a majority of the parents present at a meeting called for the purpose of deciding whether to initiate the petition; (4) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the America 2000 national goals and state education goals; (5) Outline proposed academic and or vocational performance criteria that will be used during the initial period of the charter to measure progress of the school in improving student learning and in meeting the America 2000 national goals and state education goals; (6) Describe how the faculty, instructional staff, and parents of students enrolled in the school will be involved in developing the petition, developing and implementing the improvement plan, and identifying an academic and or vocational performance criteria; and (7) Describe how the concerns of faculty, instructional staff, and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan. (d) The state board is authorized and directed to establish criteria and procedures for charter schools. Each year, the state board must review petitions for charter school status received from local schools. The state board is directed to approve such petitions and to grant charter school status to local schools whose petitions, in the opinion of the state board: (1) Provide a plan for improvement at the school level for improving student learning and for meeting the national and state education goals; (2) Include a set of academic and or vocational performance based objectives and student achievement based objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis; (3) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in meeting the academic and or vocational performance objectives; and

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(4) Include a proposal to directly and substantially involve the parents of students enrolled in the school as well as the faculty, instructional staff, and the broader community in the process of creating the petition and in carrying out the terms of the charter. (e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or more respects. The Department of Education is authorized and directed to provide technical assistance to the faculty and instructional staff of local schools in the creation or modification of these petitions. (f) The state board will include in the terms of each charter: (1) A mechanism for declaring the charter null and void if a majority of the faculty, instructional staff of the school, and parents present at a meeting called for the purpose of deciding whether to declare the charter null and void request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter; (2) Clear academic and or vocational performance based and student achievement based objectives and the means to measure those objectives on at least a yearly basis; (3) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of a majority of the faculty, instructional staff, and parents present at a meeting called for the purpose of deciding whether to update the terms of the charter, based upon the yearly progress reports given the state board by the charter school; (4) A provision that the expenditure controls contained in Code Section 20-2-167 may be relaxed only for those direct instructional expenditures actually made by each charter school for the students of that school; and (5) A provision to exempt the school from state rules, regulations, policies, and procedures and from other provisions of this title, unless otherwise specified. (g) Any request for petition to obtain charter school status sent by a local school to a local school board shall be forwarded by the local school board to the State Board of Education. If a local school board disapproves a local school's request for petition, the local school board must inform the faculty of the local school of the reasons for such disapproval, and a copy of these reasons must be forwarded to the state board. The state board may, at its discretion, request a hearing to receive further information from the local school board and the local school faculty.

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(h) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed five years, for local schools after the initial period, provided all parties to the original charter approve such renewal with a vote of a majority of the faculty, instructional staff and parents present at a meeting called for the purpose of deciding whether to renew the charter. (i) Charter schools will be given special preference by the state board in receiving grant funds for alternative schools, classroom technology, school improvement programs, mentoring programs, or other grant programs designed to improve local school performance. (j) The state board will report to the General Assembly each year on the status of the charter school program. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. EDUCATION STUDENT ASSESSMENTS; WARRANTY OF PREPARATION FOR HIGH SCHOOL GRADUATES; FREE SCHOOLING FOR WARRANTIED GRADUATES HAVING CERTAIN DEFICIENCIES. Code Section 20-2-281 Amended. No. 253 (House Bill No. 128). AN ACT To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of and assessment of effectiveness of educational programs, so as to prohibit the use of student assessments which attempt to reveal certain beliefs or value systems or judgments; to provide for issuance of a warranty affirming a student's preparation to each student receiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school; to prohibit assessment or testing programs which reveal certain personal or family information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of and assessment of effectiveness of

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educational programs, is amended by striking Code Section 20-2-281, relating to assessment of effectiveness of educational programs, and inserting in its place a new Code section to read as follows: 20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assessments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content and shall exceed minimum and essential skills by extending the assessments' range of difficulty; provided, however, that no assessment shall be adopted that will attempt to reveal a student's belief or value system or value judgment in a situation. (b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of grade levels three, five, eight, and 11 and content areas contained within the

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uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at designated grade levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement. (c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program. (d) (1) A warranty affirming the quality and appropriateness of the student's preparation shall be issued by local school systems to each student receiving a diploma on or after January 1, 1996. Such warranty shall be effective for two years following the student's graduation from high school and shall guarantee competence in reading, writing, and mathematics. After July 1, 1996, graduates possessing a valid warranty who have been employed full time in Georgia for at least three months by a Georgia employer and who are identified by their employer as: (A) deficient in the areas of reading, writing, or mathematics; and (B) in need of retraining may enroll in classes related to the identified deficiencies offered by any technical and adult education school in Georgia. Such courses shall be provided at no cost to the student or employer. (2) This subsection shall not be construed to require any employer to provide leave to any employee to attend such classes or to require an employer to compensate any employee for attending such classes. (3) This subsection shall not be construed to create any cause of action on behalf of any person.

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(e) (1) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes. (2) In addition to the provisions of paragraph (1) of this subsection, no student shall be required, as a part of any applicable program, to submit to a survey, analysis, or evaluation which reveals any of the following information about the student or his or her parent or guardian: (A) Political affiliations; (B) Sexual behavior and attitudes except information regarding sexual or physical abuse of a child; (C) Critical appraisals of other individuals with whom the student has close family relationships; (D) Legally recognized privileged relationships or analogous relationships, such as those with an attorney, a physician, or a member of the clergy; (E) Income, other than as required by law for determination of eligibility for participation in a program or for receipt of financial assistance under such program without the prior consent of the student, if the student is an adult or emancipated minor, or, in the case of an unemancipated minor, without the prior written consent of the parent or guardian. SECTION 2 . This Act shall become effective only when funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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CRIMES AND OFFENSES LITTERING PUBLIC OR PRIVATE WATERS; PENALTIES. Code Section 16-7-43 Amended. No. 254 (House Bill No. 174). AN ACT To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the Litter Control Law, so as to change the penalty provisions applicable to the crime of littering public or private property or waters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the Litter Control Law, is amended by striking in its entirety Code Section 16-7-43, relating to the crime of littering public or private property or waters, and inserting in lieu thereof a new Code Section 16-7-43 to read as follows: 16-7-43. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; (2) The litter is placed into a litter receptacle or container installed on such property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $100.00 nor more than $1,000.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter

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deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. SOCIAL SERVICES GEORGIA POLICY COUNCIL FOR CHILDREN AND FAMILIES ACT ENACTED. Code Title 49, Chapter 5, Article 12 Enacted. No. 255 (Senate Bill No. 256). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Georgia Policy Council for Children and Families; to provide for a short title; to provide for findings and intent; to provide for definitions; to provide for open meetings; to provide for the selection, qualifications, terms, compensation, and expenses of members of said council; to provide for removal and filling vacancies on such council; to provide for the organization, purposes, powers, and duties of such council; to provide for designation, approval, powers, duties, and purposes of community partnership organizations; to provide for comprehensive plans of such organizations and conditions for approval thereof; to provide for accountability, reports, and audits of such organizations and for appropriations of public funds thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding immediately following Article 11 thereof a new article to read as follows:

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ARTICLE 12 49-5-250. This article shall be known and may be cited as the `Georgia Policy Council for Children and Families Act.' 49-5-251. (a) The General Assembly finds that the time has come to take bold action on behalf of our children. Georgia cannot afford the staggering human and financial costs associated with teenage pregnancy, child abuse and neglect, juvenile crime, low birth weight babies, and poor school performance. The consequences of these problems are that many children will continue to do poorly in school or drop out altogether, suffer costly emotional and physical health problems, end up in jail, and grow up ill-equipped to assume responsibility as productive citizens. (b) The General Assembly further finds that many state and federal programs established to address these problems have not been effective because there is a fundamental mismatch between what is known to improve results for children and families and current government programs. Services are categorically driven by a maze of federal and state authorized programs and there is no clear focus on results. Despite the poor results, fragmentation, and lack of accountability for results, the General Assembly finds that there is reason for hope and optimism. The General Assembly finds that a new vision is needed for children and families that seeks to achieve five important goals: improved child health, improved child development, improved family functioning, improved school performance, and improved family economic capacity. By passage of this article the state will adopt a framework for improving results that advances Georgia's successful initiatives, responds to the public's demand for results, increases the authority and responsibility of communities, streamlines government for citizens, optimizes current financial resources, creates a single point of accountability, and injects sound business principles. 49-5-252. As used in this article, the term: (1) `Community partnership' means any community partnership organization designated under Code Section 49-5-257. (2) `Council' means the Georgia Policy Council for Children and Families created under Code Section 49-5-253. (3) `Local plan' means the plan established by a community partnership under Code Section 49-5-260. (4) `Organization' means an organization which is exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue

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Code, as such code is defined in Code Section 48-1-2 or a state or local authority or instrumentality created by general or local law. (5) `State plan' means the comprehensive plan established by the council under Code Section 49-5-254 for coordinating services to children and families. 49-5-253. (a) There is created the Georgia Policy Council for Children and Families. The council shall be assigned to the Office of Planning and Budget for administrative purposes only. (b) The council shall consist of 19 members. Six members of the council shall be appointed by the Governor. Two of such appointees shall be business leaders in the state, one of such appointees shall be an elected member of the governing body of a county, one of such appointees shall be an elected member of the governing body of a municipality, and two of such appointees shall be nongovernmental community leaders or advocates for children and families. The Governor shall designate the initial terms of office of each of such Governor's appointees so that three have terms of office of two years and three have terms of office of three years. (c) Four members of the council shall be appointed by the Lieutenant Governor, two of whom shall be business leaders in the state and two of whom shall be nongovernmental community leaders or advocates for children and families. The Lieutenant Governor shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years. (d) Four members of the council shall be appointed by the Speaker of the House of Representatives, two of whom shall be business leaders in the state and two of whom shall be nongovernmental community leaders or advocates for children and families. The Speaker of the House of Representatives shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years. (e) Five members of the council shall be ex officio members as follows: the State School Superintendent, the commissioner of human resources, the commissioner of medical assistance, the commissioner of children and youth services, and the director of the Office of Planning and Budget. If additional state agencies are created by the General Assembly whose primary mission is to serve children and families, the total number on the council and the number of ex officio members is authorized to increase respectively. (f) After the expiration of the initial terms of office specified in subsections (b), (c), and (d) of this Code section, members appointed to

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the council pursuant to those subsections shall serve for three-year terms of office, except that any elected official appointed to the council by the Governor shall serve for such term on the council only while serving as such official. Otherwise, members shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. Ex officio members of the council shall serve on the council only while holding the office by virtue of which they have membership on the council. (g) The Governor, Lieutenant Governor, and Speaker of the House of Representatives may remove any member of the council appointed thereto by that respective officer for incompetence, neglect of duty, or failing to attend at least 75 percent of the meetings of the council in any year. Vacancies in office shall be filled for the unexpired term thereof in the same manner as the original appointment. (h) The Governor shall name one of the Governor's appointees to the council as chairperson of the council to serve a term of two years and until a successor is appointed by the Governor and qualified. (i) The council shall be an agency, as defined in subparagraph (a)(1)(A) of Code Section 50-14-1, for purposes of compliance with the requirements of Chapter 14 of Title 50, which chapter relates to open meetings. 49-5-254. The council is created for the following purposes: (1) To define the core results to be achieved by state agencies and communities and to collect and analyze data to measure progress toward reaching such core results; (2) To develop and adopt, and from time to time amend, a comprehensive state plan which coordinates the services of public and private agencies and incorporates those state plans from any agency, council, commission, board, or advisory committee as required by law so as to deal more effectively with the problems of children, youth, and families in this state; (3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive state plan developed by the council under paragraph (2) of this Code section; (4) To initiate appropriate requests for changes to be made in state or federal laws, regulations, and systems necessary or desirable to carry out the comprehensive state plan; (5) To review, comment upon, and approve or disapprove strategic plans of community partnerships and state agencies which plans are designed to implement the comprehensive state plan; and

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(6) To provide leadership training, technical assistance, and information to community partnerships and state partners in order to assist them in implementing their strategic plans. 49-5-255. In order to carry out its purposes under Code Section 49-5-254, the council shall have the following powers and duties: (1) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed; (2) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumentality, or political subdivision thereof or from the United States government or any agency or instrumentality thereof; (3) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services within the appropriations or other funds available to the council; (4) To the extent that a contract between the council and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the council; (5) To recommend to the Governor budget unit object class transfers within and between the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, necessary or desirable in order better to achieve the purposes of the comprehensive state plan; (6) To request that the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, apply to the appropriate federal agencies for regulatory changes and waivers necessary or desirable in order better to achieve the purposes of the comprehensive state plan; (7) To sponsor changes and waivers regarding the regulations of agencies, other than the Office of Planning and Budget, which have ex officio members on the council in order better to achieve the purposes of the state plan; (8) To make contracts and to execute all instruments necessary or convenient to accomplish the purposes of the council; (9) To require requests for proposals for selection as fully operational community partnerships and to select from the proposals submitted

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those community partnerships which will take part in implementation of this article; and (10) To do all things necessary or convenient to carry out the powers and purposes of the council as expressly provided in this article. 49-5-256. Members of the council shall receive no compensation for serving on the council but may be reimbursed, from funds appropriated or otherwise available to the council, for actual and necessary expenses incurred by them in carrying out their official duties in an amount not to exceed the daily expense and travel allowance authorized for members of the General Assembly under Code Section 28-1-8. Ex officio members of the council shall receive no compensation for serving on the council but may receive the expense allowance provided for state employees for expenses incurred in carrying out their official duties on the council. 49-5-257. (a) Community partnerships will be designated by local government and the council to provide authority and responsibility for achieving measurable results, including development of the comprehensive plans and implementing innovative approaches to state and federal budget and policy barriers. The governing authority of any county and the governing authority of the largest municipality having its legal situs in such county, according to the United States decennial census of 1990 or any future such census, by proper resolution may designate for that county a single organization as the proposed community partnership organization for the county. Only an organization designated by such resolutions shall be authorized to submit to the council for approval a comprehensive plan under paragraph (2) of Code Section 49-5-260. A county or municipality designating a community partnership as provided in this subsection or contracting with a community partnership to provide services which the partnership is authorized to provide under this article shall be immune from civil and criminal liability for such designation and for any services so provided. (b) Until July 1, 1996, no more than ten proposed community partnerships shall have their comprehensive plans approved under subsection (a) of this Code section. Such approval shall authorize the organization which submits such plan to act as the community partnership organization for the designating county. 49-5-258. The council shall not approve a comprehensive plan submitted by any proposed community partnership organization for a county unless the governing body of that organization is composed of residents of that county who represent at a minimum local elected officials of governing

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bodies in that county, persons in the business community in that county, public agencies in that county under the state departments which have ex officio members upon the council, other than the Office of Planning and Budget, boards of civic organizations and private social services providers in that county, and advocates for children and families in that county. 49-5-259. The council shall not approve a comprehensive plan submitted by a proposed community partnership organization unless the bylaws of such organization provide for terms of office and succession of members of the organization's governing body, manner of selecting officers of that governing body and the terms and powers of such officers, quorum, minimum meeting schedule, reporting and financial audits, and compensation or reimbursement of members of that governing body and unless the organization has at least the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but he community partnership shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the community partnership; (4) To make contracts and to execute all instruments necessary or convenient in connection therewith; (5) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the community partnership may deem necessary or expedient in facilitating its business; (6) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (7) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; and

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(8) To do all things necessary or convenient to carry out the powers and purposes of the community partnership which are expressly provided for in this article. 49-5-260. Each community partnership is created for the following purposes: (1) To achieve a core set of results defined jointly by the community partnership and council; (2) To develop, adopt, submit to the council for approval, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of children, youth, and families in the county for which the community partnership was created in order to achieve the objectives described in Code Section 49-5-251; (3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive plan developed by the community partnership under paragraph (2) of this Code section; and (4) To contract with public and private agencies for the purposes of paragraphs (2) and (3) of this Code section and for such public and private agencies to provide programs and services for children, youth, and families in order to carry out the provisions of the comprehensive plan developed by the community partnership under paragraph (2) of this Code section. 49-5-261. To the extent that a contract entered into pursuant to the provisions of Code Section 49-5-260 provides therefor, each community partnership shall have the power to provide such services for children, youth, and families on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by that community partnership under paragraph (2) of Code Section 49-5-260. 49-5-262. In addition to any other powers and duties provided for by this article, each community partnership shall have the following powers and duties: (1) To exercise the power provided by Code Section 45-9-1 to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the community partnership and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such

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members, officers, or employees are not immune from such liability; and (2) To the extent that a contract between the community partnership and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the community partnership. 49-5-263. The members of each community partnership shall be accountable in all respects as trustees. Each community partnership shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures. Each community partnership shall prepare and submit to the governing bodies by which it was designated an annual report at the end of each fiscal year or calendar year of such community partnership outlining the work of such community partnership and furnishing to such bodies a copy of its most recent annual independent audit of income and expenditures. 49-5-264. Because each community partnership will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the state and any county or municipality thereof may appropriate public funds to such partnership. However, all state funding will cease on June 30, 1997. The council may continue to function through private contributions. This council will sunset December 31, 2000. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. REVENUE AND TAXATION GEORGIA PUBLIC REVENUE CODE; INTERNAL REVENUE CODE DEFINED; EFFECTIVENESS OF CERTAIN PROVISIONS OF INTERNAL REVENUE CODE. Code Section 48-1-2 Amended. No. 256 (House Bill No. 34). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Public Revenue Code, so as to revise provisions relating to Georgia taxes; to define the terms Internal Revenue Code and Internal Revenue Code of 1986 and thereby to

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incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; 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 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Public Revenue Code, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1995. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1995, the term means 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. 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 taxable years beginning on or after January 1, 1995. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1995, 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 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. FIRE PROTECTION AND SAFETY FIREFIGHTER STANDARDS AND TRAINING; GENERAL QUALIFICATIONS; CRIMINAL HISTORY CHECK. Code Section 25-4-8 Amended. No. 257 (House Bill No. 116). AN ACT To amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the provisions

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relating to qualifications of firefighters generally; to provide for the fingerprinting of persons employed as firefighters and for a search of criminal records; to change certain provisions relating to minimum physical fitness requirements; to provide for the meanings of the terms felony, conviction, and conviction data; to provide procedures for obtaining criminal history information; to provide for the duties of local and state law enforcement agencies; to provide for duties of the Georgia Crime Information Center; to provide for the dissemination of certain conviction data; to provide that certain information is privileged; to provide for the maintenance of records; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, is amended by striking in its entirety Code Section 25-4-8, relating to qualifications of firefighters generally, and inserting in lieu thereof a new Code Section 25-4-8 to read as follows: 25-4-8. (a) Except as provided in Code Section 25-4-12, any person employed or certified as a firefighter shall: (1) Be at least 18 years of age; (2) Not have been convicted of a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has: (A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Earned and possesses a first class firefighter diploma; (C) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertakne; and (D) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing employment and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs

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three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires; (3) Have a good moral character as determined by investigation under procedure approved by the council; (4) Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record; (5) Be in good physical condition as determined by a medical examination and successfully pass the minimum physical agility requirements as established by the council; and (6) Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency. (b) For the purposes of paragraph (2) of subsection (a) of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. (c) (1) For the purposes of making determinations relating to eligibility under paragraph (2) of subsection (a) of this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and

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an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, `conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (2) The local or state law enforcement agency shall provide to the chief of the fire department which requested information on an applicant any criminal data indicating that the applicant was convicted of a felony. Such information may be provided to the council. The provisions of paragraph (1) of this subsection relating to privileged information and records of conviction data shall apply to any information provided by a law enforcement agency to a fire department. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. HEALTH REGULATION OF SALE AND DISPENSING OF CONTACT LENSES. Code Section 31-12-12 Amended. No. 258 (Senate Bill No. 125). AN ACT To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control and management of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control and management of hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking Code Section 31-12-12, relating to the regulation of the sale and dispensing of contact lenses, and inserting in lieu thereof a new Code Section 31-12-12 to read as follows: 31-12-12. (a) No person shall sell, dispense, or serve as a conduit for the sale or dispensing of the first set of contact lenses issued pursuant to a prescription to the ultimate user of such contact lenses in this state, except persons licensed and regulated by Chapter 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery. (b) All contact lenses used in the determination of a contact lens prescription are considered to be diagnostic lenses. After the diagnostic period and the contact lenses have been adequately fitted and the patient released from immediate follow-up care by persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, the prescribing optometrist or ophthalmologist shall, upon the request of the patient, at no cost, provide a prescription in writing for replacement contact lenses. A person shall not dispense or adapt contact lenses without first receiving authorization to do so by a written prescription, except when authorized orally to do so by a person licensed and regulated by Chapter 30 or 34 of Title 43. (c) Patients who comply with such fitting and follow-up requirements as may be established by the prescribing optometrist or ophthalmologist may obtain replacement contact lenses until the expiration date listed on the prescription. (d) A prescriber may refuse to give the patient a copy of the patient's prescription until the patient has paid for all services rendered in connection with the prescription. (e) Except for replacement contact lenses sold or dispensed by persons licensed and regulated by and operating pursuant to Chapter 29, 30, or 34 of Title 43, no replacement contact lenses may be sold or dispensed except pursuant to a prescription which: (1) Conforms to state and federal regulations governing such forms and includes the name, address, and state licensure number of a prescribing practitioner; (2) Explicitly states an expiration date of not more than 12 months from the date of the last prescribing contact lens examination, unless

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a medical or refractive problem affecting vision requires an earlier expiration date; (3) Explicitly states the number of refills; (4) Explicitly states that it is for contact lenses and indicates the lens brand name and type, including all specifications necessary for the ordering or fabrication of lenses; and (5) Is kept on file by the person selling or dispensing the replacement contact lenses for at least 24 months after the [Illegible Text] is filled. (f) Except for persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, any person, firm, or corporation that dispenses or sells contact lenses on the prescription of a practitioner licensed in this state shall, at the time of delivery of the lenses, inform the recipient in writing that he or she should return to a prescriber to ascertain the accuracy and suitability of the prescribed lenses. The prescriber shall not be responsible for any damages or injury resulting from negligence in packaging or manufacturing of the prescribed lenses. (g) Anyone who fills a prescription bears the full responsibility of the accuracy of the contact lenses provided under the prescription. At no time, without the direction of a prescriber, shall any changes or substitutions be made in the brand or type of lenses the prescription calls for with the exceptions of tint change if requested by the patient. However, if a prescription specifies `only' a specific color or tinted lens, those instructions shall be observed. (h) No person, other than persons licensed and regulated by Chapter 29, 30, or 34 of Title 43, shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state through the mail or any other means other than direct, in-person delivery to such ultimate user by such person after having personally ascertained by reliable means the identity of the deliveree. (i) Any person who violates the provisions of subsection (a) or (e) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (j) Proceedings to enforce the provisions of this Code section may be brought by any board created under Chapter 29, 30, or 34 of Title 43 or by any other interested person through criminal prosecution, injunction, or other appropriate remedy. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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RETIREMENT AND PENSIONS ACTUARIAL INVESTIGATION FOR COST REDUCTION AMENDMENTS TO FISCAL RETIREMENT BILLS; FUNDING OF RETIREMENT BILLS WITH FISCAL IMPACT. Code Sections 47-20-37 and 47-20-50 Amended. No. 259 (House Bill No. 136). AN ACT To amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law, so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law, is amended by striking in its entirety subsection (b) of Code Section 47-20-37, relating to the consideration of retirement bills having a fiscal impact and amendments and substitutes thereto, and inserting in lieu thereof the following: (b) After completion of an actuarial investigation, any amendment to a retirement bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a retirement bill having a fiscal impact shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment is a nonfiscal amendment or if the amendment results in a reduction in cost and the state auditor provides an actuarial investigation as required in subsection (a) of Code Section 47-20-36, then the bill as amended, with the state auditor's certification or actuarial investigation attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment or if there is no actuarial study showing the reduced cost of the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-20-50, relating to the effective date and funding of

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retirement bills with a fiscal impact, and inserting in lieu thereof the following: (b) When a retirement bill having a fiscal impact amends a retirement system having employer contributions funded from appropriations by the General Assembly, then appropriations for the first fiscal year of effectiveness of the bill, after it becomes law, must include funds to pay the amount determined by the actuarial investigation under paragraph (5) of subsection (a) of Code Section 47-20-36 or subsection (b) of Code Section 47-20-37, and future appropriations for subsequent fiscal years must include an amount necessary to maintain the actuarial soundness of the retirement system in accordance with the findings of the actuarial investigation. Any limitation on the rate of employer contributions that may be included in a law which is the source of authority for a retirement system affected by this subsection shall be amended to the extent necessary to comply with the requirements of this subsection. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. RETIREMENT AND PENSIONS GEORGIA STATE FIREFIGHTERS' ASSOCIATION TO NOMINATE CERTAIN MEMBERS OF BOARD OF TRUSTEES OF GEORGIA FIREMEN'S PENSION FUND. Code Section 47-7-20 Amended. No. 260 (House Bill No. 138). AN ACT To amend Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (c) The Georgia State Firefighters' Association shall be authorized to submit to the Governor the names of nominees for each position on the board appointed by the Governor pursuant to subsection (b) of this Code section. The Governor, in making such appointments, may consider

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the nominees submitted by said association, but all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to appoint members of the board from such nominees. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; EVIDENCE OF DISABILITY; TIME FOR SUBMISSION. Code Section 47-2-123 Amended. No. 261 (House Bill No. 139). AN ACT To amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within a certain time; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his employer and upon certification by the medical board that he is medically or physically incapable of further performance of his duties in the position he held at the time his disability originated, that incapacity is likely to be permanent, and that he should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. RETIREMENT AND PENSIONS TIME LIMIT ON UNIVERSITY SYSTEM EMPLOYEE'S DECISION TO BECOME MEMBER OF REGENTS RETIREMENT PLAN; BOARD OF REGENTS AUTHORIZED TO PURCHASE MUTUAL FUND SHARES FOR OPTIONAL RETIREMENT PLAN. Code Sections 47-3-68 and 47-21-3 Amended. No. 262 (House Bill No. 171). AN ACT To amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment; to amend Code Section 47-21-3 of the Official Code of Georgia Annotated, relating to the establishment and administration of an optional retirement plan for certain employees of the University System of Georgia, so as to provide that the board of trustees of such plan shall be authorized to purchase shares in one or more mutual funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (d) Eligible university system employees employed on or after July 1, 1990, shall, within 30 days immediately following the effective date of their employment, make an irrevocable decision to be a member of this retirement system or participate in the optional retirement plan provided for in Chapter 21 of this title; provided, however, that such employees employed on or after July 1, 1995, shall make such irrevocable decision within 60 days immediately following the effective date of their employment. A written statement of the decision shall be filed with the employer and with the board of trustees and shall be effective from the

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date of employment. If an eligible university system employee fails to file a statement of decision provided for in this subsection, such failure shall be an irrevocable election to become a member of the retirement system provided for in this chapter. SECTION 2 . Code Section 47-21-3 of the Official Code of Georgia Annotated, relating to the establishment and administration of an optional retirement plan for certain employees of the University System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) The board of regents is authorized to establish an optional retirement plan under which it may purchase annuity contracts, either fixed or variable or a combination thereof, or shares in one or more mutual funds providing retirement and death benefits which shall become the property of participating employees of the University System of Georgia. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. ANIMALS LIMITATION ON CIVIL LIABILITY OF THOSE ENGAGED IN EQUINE ACTIVITIES OR LLAMA ACTIVITIES. Code Section 4-12-5 Enacted. Code Sections 4-12-1, 4-12-2, and 4-12-3 Amended. No. 263 (Senate Bill No. 187). AN ACT To amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to provide for intent; to provide for and change definitions; to provide for exceptions; to require the posting of certain warning notices or signs; to require certain notices in contracts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, is

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amended by striking Code Section 4-12-1, relating to legislative findings, and inserting in lieu thereof a new Code Section 4-12-1 to read as follows: 4-12-1. The General Assembly recognizes that persons who participate in equine activities or llama activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities and llama activities by limiting the civil liability of those involved in such activities. SECTION 2 . Said chapter is further amended by striking Code Section 4-12-2, relating to definitions, and inserting in lieu thereof a new Code Section 4-12-2 to read as follows: 4-12-2. As used in this chapter, the term: (1) `Engages in a llama activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon a llama, whether mounted or unmounted, or any person assisting a participant or show management. The term `engages in a llama activity' does not include being a spectator at a llama activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the llama activity. (2) `Engages in an equine activity' means riding, training, assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term `engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity. (3) `Equine' means a horse, pony, mule, donkey, or hinny. (4) `Equine activity' means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;

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(B) Equine training or teaching activities, or both; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horsehoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (5) `Equine activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (6) `Equine professional' means a person engaged for compensation in: (A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (7) `Inherent risks of equine activities' or `inherent risks of llama activities' means those dangers or conditions which are an integral part of equine activities or llama activities, as the case may be, including, but not limited to: (A) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of the animal's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

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(C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other animals or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (8) `Llama' means a South American camelied which is an animal of the genus lama, commonly referred to as a `one llama,' including llamas, alpacas, guanacos, and vicunas. (9) `Llama activity' means: (A) Llama shows, fairs, competitions, performances, packing events, or parades that involve any or all breeds of llamas; (B) Using llamas to pull carts or to carry packs or other items; (C) Using llamas to pull travois-type carriers during rescue or emergency situations; (D) Llama training or teaching activities or both; (E) Taking llamas on public relations trips or visits to schools or nursing homes; (F) Participating in commercial packing trips in which participants pay a llama professional to be a guide on a hike leading llamas; (G) Boarding llamas; (H) Riding, inspecting, or evaluating a llama belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the llama or is permitting a prospective purchaser of the llama to ride, inspect, or evaluate the llama; (I) Using llamas in wool production; (J) Rides, trips, or other llama activities of any type however informal or impromptu that are sponsored by a llama activity sponsor; and (K) Trimming the nails of a llama. (10) `Llama activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for a llama activity, including, but not limited to, llama clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs, and operators,

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instructors, and promoters of llama facilities, including but not limited to stables, clubhouses, fairs, and arenas at which the activity is held. (11) `Llama professional' means a person engaged for compensation: (A) In instructing a participant or renting to a participant a llama for the purpose of riding, driving, or being a passenger upon the llama; or (B) In renting equipment or tack to a participant. (12) `Participant' means any person, whether amateur or professional, who engages in an equine activity or who engages in a llama activity, whether or not a fee is paid to participate in such activity. SECTION 3 . Said chapter is further amended by striking Code Section 4-12-3, relating to immunity from liability for death or injury, and inserting in lieu thereof a new Code Section 4-12-3 to read as follows: 4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities or from the inherent risks of llama activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities or resulting from any of the inherent risks of llama activities. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, a llama activity sponsor, a llama professional, or any other person if the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury. (B) Provided the animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or llama activity and to safely manage the particular animal based on the participant's representations of his or her ability;

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(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, llama activity sponsor, llama professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or [Illegible Text] that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, equine professional, llama activity sponsor, or llama professional under liability provisions as set forth in the products liability laws. SECTION 4 . Said chapter is further amended by adding at the end thereof a new Code Section 4-12-5 to read as follows: 4-12-5. (a) Every llama professional and every llama activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, pens, or arenas where the llama professional or the llama activity sponsor conducts llama activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a llama professional or by a llama activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a llama to a participant, whether or not the contract involves llama activities on or off the location or site of the llama professional's or the llama activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice: WARNING Under Georgia law, a llama activity sponsor or llama professional is not liable for an injury to or the death of a participant in llama activities resulting from the inherent risks of llama activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent a llama activity

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sponsor or llama professional from invoking the privileges of immunity provided by this chapter. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. [Illegible Text] PROTECTION DUTIES OF EXECUTIVE DIRECTOR OF GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIL; CERTIFICATES OF COMPLIANCE; AIRPORT FIREFIGHTERS. Code Section 25-3-21 through 25-3-26 and 25-4-31 Amended. No. 264 (Senate Bill No. 199). AN ACT To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide that the executive director of the Georgia Firefighter Standards and Training Council shall assume certain duties previously carried out by the superintendent of the Georgia Fire Academy, to change certain definitions; to change the provisions relating to notification that an organization meets the requirements of a fire department; to change certain general requirements of fire departments; to change the provisions relating to the authority of a certain official to determine if a fire department meets certain minimum standards; to change the provisions relating to suspension or revocation of a certificate of compliance; to change the provisions relating to the duty of a certain official to cooperate with fire departments; to change the provisions relating to the authority of the Georgia Fire Academy and the Georgia Firefighter Standards and Training Council; to change the provisions relating to minimum standards and training for personnel assigned as airport firefighters; 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 striking in its entirety Code Section 25-3-21, relating to definitions applicable to Article 2 of Chapter 3 of said title concerning minimum requirements of fire departments, and inserting in lieu thereof a new Code Section 25-3-21 to read as follows:

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25-3-21. As used in this article, the term: (1) `Executive director' means the executive director of the Georgia Firefighter Standards and Training Council. (2) (A) `Fire department' means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (B) `Fire department' also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards. (3) `Firefighter' means any able-bodied person at least 18 years of age who has been duly appointed by a legally constituted fire department and who has the responsibility of preventing and suppressing fires, protecting life and property, and performing other duties enumerated in Code Sections 25-3-1 and 25-3-2. SECTION 2 . Said title is further amended by striking in its entirety Code Section 25-3-22, relating to notification that an organization meets the requirements of a fire department, and inserting in lieu thereof a new Code Section 25-3-22 to read as follows: 25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-3-23 to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23, he or she shall issue a certificate of compliance to the fire department and the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2. SECTION 3 . Said title is further amended by striking in its entirety subparagraph (a)(1)(A) of Code Section 25-3-23, relating to general requirements of fire departments, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201;

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SECTION 4 . Said title is further amended by striking in its entirety Code Section 25-3-24, relating to the authority of a certain official to determine if a fire department meets certain minimum standards, and inserting in lieu thereof a new Code Section 25-3-24 to read as follows: 25-3-24. The executive director may consult with and consider the recommendations of the director of the Georgia Forestry Commission, the director of the Georgia Fire Academy, the state fire marshal, and the governing authority of any county or municipality in which the fire department is located to determine if individual fire departments are complying with the minimum provisions of this article and serving the best interests of the citizens of the area of its operations. SECTION 5 . Said title is further amended by striking in its entirety Code Section 25-3-25, relating to the suspension or revocation of a certificate of compliance, and inserting in lieu thereof a new Code Section 25-3-25 to read as follows: 25-3-25. The certificate of compliance issued by the executive director shall be subject to suspension or revocation at any time he or she receives satisfactory evidence that: (1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23; or (2) The fire department is not serving the best interests of the citizens of its area of operations. SECTION 6 . Said title is further amended by striking in its entirety Code Section 25-3-26, relating to the duty of a certain official to cooperate with fire departments, and inserting in lieu thereof a new Code Section 25-3-26 to read as follows: 25-3-26. The executive director shall cooperate with newly formed and existing fire departments to ensure that all fire departments in this state are in compliance with the provisions of this article by July 1, 1986. SECTION 7 . Said title is further amended by striking in its entirety Code Section 25-4-31, relating to minimum standards and training for personnel assigned as airport firefighters, and inserting in lieu thereof a new Code Section 25-4-31 to read as follows:

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25-4-31. (a) Any person assigned as an airport firefighter at any airport shall, as a minimum, meet the minimum physical fitness requirements as approved by the Georgia Firefighter Standards and Training Council. (b) Any person assigned as an airport firefighter at any airport shall satisfactorily complete, within 60 days following such person's assignment, a course of instruction which shall be specifically developed by the Georgia Fire Academy for airport firefighters and approved by the council. (c) As a minimum, the course of instruction for persons assigned to airports as airport firefighters shall meet the standards for airport firefighter professional qualifications, National Fire Protection Association, 1003, and shall also meet or exceed any standards, provisions, or requirements of the Federal Aviation Administration relating to airport firefighter training or qualifications. Firefighter requirements 1 and 2 of the National Fire Protection Association, 1001, are exempted. (d) The Georgia Fire Academy shall develop the course of instruction with the advice of the Air Line Pilots Association Fire and Rescue Committee, the Aviation Committee of the National Fire Protection Association, the Federal Aviation Administration, at least two members of representative airport authorities, and other officials as selected or needed. (e) When an airport firefighter satisfactorily completes the course of instruction prescribed in subsection (b) of this Code section, the executive director of the Georgia Firefighter Standards and Training Council shall cause a certificate of satisfactory completion to be issued. (f) In addition to the initial training, performance, and physical fitness requirements, an airport firefighter shall satisfactorily complete a reevaluation each calendar year thereafter. The reevaluation shall be conducted by the Georgia Firefighter Standards and Training Council or its designee. It shall include both written and performance tests, shall include, as a minimum, 50 percent of the performance standards of the National Fire Protection Association, 1003, and shall meet applicable Federal Aviation Administration performance standards. (g) Fire officers who have attained the rank of lieutenant or higher and who have been assigned to an airport at least six months prior to July 1, 1980, are exempt from the minimum physical fitness requirements as referred to in subsection (a) of this Code section; however, such fire officers shall meet all other requirements of this Code section. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION LENGTH OF WORKING TEST. Code Section 45-20-2 Amended. No. 265 (Senate Bill No. 204). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration generally, so as to change the definition of the term working test; to change the provisions relating to the working test period for certain state employees; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration generally, is amended by striking paragraph (16) in its entirety and inserting in lieu thereof a new paragraph (16) to read as follows: (16) `Working test' or `working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each: (A) Appointment; (B) Reappointment; (C) Promotion; and (D) Interdepartmental transfer as provided in Code Section 45-20-17. The commissioner may fix the length of the working test period for any class at not less than six months nor more than 18 months exclusive of any time in nonpay status or an unclassified position; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. The State Personnel Board shall provide guidelines to be used by appointing authorities in reviewing classified employees during the working test period.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. COMMERCE AND TRADE MAXIMUM CHARGE FOR DELINQUENT PAYMENT ON RETAIL INSTALLMENT CONTRACT OR REVOLVING ACCOUNT INCREASED. Code Section 10-1-7 Amended. No. 266 (House Bill No. 219). AN ACT To amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, The Retail Installment and Home Solicitation Sales Act, so as to change the maximum delinquency charge which may be provided under a retail installment contract or revolving account; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, The Retail Installment and Home Solicitation Sales Act, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed $10.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys'

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fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. PROPERTY BANKRUPTCY AND INTESTATE INSOLVENT ESTATES; EXEMPTION FOR PAYMENTS FROM INDIVIDUAL RETIREMENT ACCOUNTS AND FUNDS THEREIN. Code Section 44-13-100 Amended. No. 267 (House Bill No. 221). AN ACT To amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended by striking in their entirety paragraphs (2) and (2.1) of subsection (a) and inserting in lieu thereof, respectively, the following: (2) The debtor's right to receive: (A) A social security benefit, unemployment compensation, or a local public assistance benefit; (B) A veteran's benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and

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(F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; (2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or (D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408;. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. LABOR AND INDUSTRIAL RELATIONS TEMPORARY HELP CONTRACTING FIRM EMPLOYEES; EFFECT OF FAILURE TO REPORT FOR REASSIGNMENT AFTER COMPLETION OF ASSIGNMENT. Code Section 34-8-195 Amended. No. 268 (House Bill No. 240). AN ACT To amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to general eligibility considerations for benefits under the

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Employment Security Law, so as to change provisions relating to temporary help contracting firms and their employees; to provide that a temporary help contracting firm employee who does not report for reassignment after completion of an assignment shall be presumed to have left employment voluntarily without good cause; to provide that the foregoing shall not apply unless the employee has been advised of his or her obligation to contact the temporary help agency upon completion of assignments; 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 34-8-195 of the Official Code of Georgia Annotated, relating to general eligibility considerations for benefits under the Employment Security Law, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm for reassignment upon completion of an assignment; provided, further, that such failure to contact the firm will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact the firm upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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PUBLIC OFFICERS AND EMPLOYEES CORONERS AND MEDICAL EXAMINERS; SUBPOENAS FOR AIDS CONFIDENTIAL INFORMATION. Code Section 45-16-27 Amended. No. 269 (House Bill No. 268). AN ACT To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to the authority of a coroner or medical examiner to subpoena information, so as to expressly provide that AIDS confidential information may be subpoenaed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to the authority of a coroner or medical examiner to subpoena information, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following: (c) When a coroner or a medical examiner conducts an investigation into the death of an individual, the coroner or medical examiner shall be authorized to issue subpoenas to compel the production of any books, records, or papers relevant to the cause of death including without limitation AIDS confidential information as defined by Code Section 31-22-9.1. Any books, records, or papers received by the coroner or medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995.

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PROFESSIONS AND BUSINESSES OPTOMETRIST REGULATION; PERMISSIBLE PHARMACEUTICAL AGENTS FOR TREATMENT PURPOSES; NONNARCOTIC ORAL ANALGESICS INCLUDED. Code Sections 43-30-1 Amended. No. 270 (Senate Bill No. 271). AN ACT To amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to the definition of terms applicable to optometrist regulation, is amended by striking subparagraph (D) of paragraph (2) and inserting in lieu thereof a new subparagraph (D) to read as follows: (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be: (i) Nonnarcotic oral analgesics and Schedule III or Schedule IV controlled substances which are oral analgesics; (ii) Used for ocular pain; and (iii) Used for no more than 72 hours without consultation with the patient's physician. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. RETIREMENT AND PENSIONS COMPUTATION OF EMPLOYEE CONTRIBUTIONS AND BENEFITS FOR PUBLIC RETIREMENT OR PENSION SYSTEMS; INTERNAL REVENUE CODE FOLLOWED. Code Section 47-1-13 Enacted. No. 271 (House Bill No. 327). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of

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compensation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal Internal Revenue Code; to provide for an exception for certain members; 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 by inserting at the end of Article 1 of Chapter 1, relating to general provisions, the following: 47-1-13. (a) As used in this Code section, the term `eligible member' means a person who became a member of a public retirement or pension system prior to the plan year beginning after December 31, 1995. (b) Any other provision of law to the contrary notwithstanding, the maximum compensation used in computing employee and employer contributions to or benefits due from any public retirement or pension system shall be the maximum compensation set forth in Section 401(a)(17) of the Internal Revenue Code, as now or hereafter amended; provided, however, that the maximum compensation used for such computations for eligible employees shall be the maximum amount allowed by the respective retirement or pension system to be so used on July 1, 1993. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. WORKERS' COMPENSATION IMMUNITY FOR BUSINESSES USING TEMPORARY HELP CONTRACTING FIRM OR EMPLOYEE LEASING COMPANY. Code Section 34-9-11 Amended. No. 272 (Senate Bill No. 331). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply and extend to a business using the services of a temporary help contracting firm or an employee leasing company when workers' compensation benefits are provided by such firm or

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company or the businesses using the services of either; to provide that temporary help contracting firms and employee leasing companies shall be deemed to be statutory employers for the purpose of Chapter 9 of Title 34; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, is amended by adding at the end of Code Section 34-9-11, relating to the exclusivity of rights and remedies granted to employees under said chapter, a new subsection, to be designated subsection (c), to read as follows: (c) The immunity provided by this subsection shall apply and extend to the businesses using the services of a temporary help contracting firm, as such term is defined in Code Section 34-8-46, or an employee leasing company, as such term is defined in Code Section 34-8-32, when the benefits required by this chapter are provided by either the temporary help contracting firm or the employee leasing company or the business using the services of either such firm or company. A temporary help contracting firm or an employee leasing company shall be deemed to be a statutory employer for the purposes of this chapter. 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 7, 1995. AGRICULTURE VOLUNTARY CONTRIBUTIONS IN SUPPORT OF FARMERS AND CONSUMERS MARKET BULLETIN. Code Section 2-2-8.1 Enacted. No. 273 (Senate Bill No. 374). AN ACT To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to publicize and request voluntary contributions to be used exclusively for the compilation, publication, printing, and distribution

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of the Farmers and Consumers Market Bulletin; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding, following Code Section 2-2-8, a new Code Section 2-2-8.1 to read as follows: 2-2-8.1. The Commissioner is authorized to publicize and request, by means of publication of appropriate notices in the Farmers and Consumers Market Bulletin, contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin. Any voluntary contribution made for such purpose shall be received by the Commissioner, shall be separately accounted for, need not be deposited in the state treasury, and shall be used and expended solely for the purpose donated. 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 7, 1995. PROFESSIONS AND BUSINESSES LICENSED PRACTICAL NURSES; LICENSURE BY ENDORSEMENT; EXCEPTION TO REQUIREMENT FOR ACTIVE PRACTICE FOR CERTAIN APPLICANTS. Code Section 43-26-38 Amended. No. 274 (House Bill No. 395). AN ACT To amend Code Section 43-26-38 of the Official Code of Georgia Annotated, relating to license to practice as a licensed practical nurse by endorsement and temporary permits for qualified applicants, so as to change the provisions relating to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an applicant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of application; 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 43-26-38 of the Official Code of Georgia Annotated, relating to license to practice as a licensed practical nurse by endorsement and temporary permits for qualified applicants, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board, at its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has a high school diploma or general educational development (GED) equivalency diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program and passage of an examination, which program and examination have been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person has engaged in the active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application; provided, however, that the requirement for active practice shall not apply to an applicant who has graduated from an approved program within one year of the date of application or who was initially licensed within one year of the date of application. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. LOCAL GOVERNMENT ELECTIONS FOR BONDED INDEBTEDNESS; LEGAL ADVERTISEMENT OF BOND ELECTION BY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION. Code Section 36-82-1 Amended. No. 275 (House Bill No. 417). AN ACT To amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for bonded indebtedness, so as to provide that certain provisions regarding advertisement of bond elections and the use of bond funds in any county of this state having a population of not less than 500,000 nor more than 575,000 according to the United decennial

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census of 1990 or any future such census shall be applicable state wide to any county, municipality, or other political subdivision of this state and certain other entities; 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 36-82-1 of the Official Code of Georgia Annotated, relating to elections for bonded indebtedness, is amended by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) Every legal advertisement of a bond election shall contain a reference that any brochures, listings, or other advertisements issued by the governing body of any county, municipality, or other political subdivision of this state or by any other person, firm, corporation, or association with the knowledge and consent of the governing body of such county, municipality, or other political subdivision of this state shall be deemed to be a statement of intention of the governing body of such county, municipality, or other political subdivision of this state concerning the use of the bond funds; and such statement of intention shall be binding on the governing body of such county, municipality, or other political subdivision of this state in the expenditure of any such bond funds or interest received from such bond funds which have been invested, unless the governing body of such county, municipality, or other political subdivision of this state uses such bond funds for the retirement of bonded indebtedness, in the manner provided for in this Code section; and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued. Bond funds and interest received from such bond funds which have been invested shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. The governing body of such county, municipality, or other political subdivision of this state may, by a two-thirds' vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. In that event, the governing body of such county, municipality, or other political subdivision of this state shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county, municipality, or other political subdivision of this state then outstanding. Surpluses from the overestimated projects, including interest received on bond funds of such projects, shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body of such county, municipality, or other political subdivision of this state may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall

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be announced to the news media in advance and shall be open to the news media. 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 7, 1995. PENAL INSTITUTIONS DEPARTMENT OF CORRECTIONS AS SPECIAL SCHOOL DISTRICT FOR INCARCERATED YOUTHS. Code Section 42-2-5.1 Enacted. No. 276 (House Bill No. 436). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the creation of a special school district for school age youth; to provide that the commissioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards for such special school district; to provide that the board shall provide overall direction and maintain program approval authority of education programs for adult offenders; to authorize the board to enter into agreements with other educational organizations or agencies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding between Code Sections 42-2-5 and 42-2-6 a new Code Section 42-2-5.1 to read as follows: 42-2-5.1. (a) In order to provide education for any school age youths incarcerated within any facility of the Department of Corrections, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts

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within the state are given. The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. The schools within the special school district shall be under the control of the commissioner, who shall serve as the superintendent of schools for such district. The Board of Corrections shall serve as the board of education for such district. The board, acting alone or in cooperation with the State Board of Education, shall establish education standards for the district. As far as is practicable, such standards shall adhere to the standards adopted by the State Board of Education for the education of school age youth, while taking into account: (1) The overriding security needs of correctional institutions and other restrictions inherent to the nature of correctional facilities; (2) The effect of limited funding on the capability of the Department of Corrections to meet certain school standards; and (3) Existing juvenile education standards of the Correctional Education Association and the American Correctional Association, which shall be given primary consideration where any conflicts arise. (b) The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20. (c) The Board of Corrections, acting alone or in cooperation with the State Board of Technical and Adult Education or other relevant education agencies, shall provide overall direction of educational programs for adult offenders in the correctional system and shall exercise program approval authority. The board may enter into written agreements with other educational organizations and agencies in order to provide adult offenders with such education and employment skills most likely to encourage gainful employment and discourage return to criminal activity upon release. The board may also enter into agreements with other educational organizations and agencies to attain program certification for its vocational and technical education programs. 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 7, 1995.

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REVENUE AND TAXATION MOTOR FUEL TAXES; DYED FUEL OILS DEFINED; TAX AND LICENSING EXEMPTIONS REGARDING DYED FUEL OILS; NOTICES; PENALTIES. Code Title 48, Chapter 9, Article 1 Amended. No. 277 (House Bill No. 510). AN ACT To amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing requirements in connection therewith; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, is amended by redesignating paragraph (5.1) as paragraph (5.2) and by adding a new paragraph immediately following paragraph (5) of Code Section 48-9-2, relating to definitions regarding motor fuel taxes, to be designated paragraph (5.1), to read as follows: (5.1) `Dyed fuel oils' means any fuel oil dyed pursuant to regulations issued by either the United States Environmental Protection Agency or the Internal Revenue Service. SECTION 2 . Said article is further amended in subsection (b) of Code Section 48-9-3, relating to taxation of certain motor fuels, by deleting or at the end of paragraph (7), be striking the period at the end of paragraph (8) and inserting in its place ; or, and by adding a new paragraph immediately following paragraph (8), to be designated paragraph (9), to read as follows: (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) of Code Section 48-9-2. SECTION 3 . Said article is further amended by striking subsection (a) of Code Section 48-9-5, relating to licensing requirements, and inserting in its place a new subsection (a) to read as follows: (a) Any person who has both highway and nonhighway use of fuel oils, compressed petroleum gas, or special fuel may elect to become licensed as a distributor of that type of motor fuel. The distributor shall be

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qualified to purchase motor fuel of that type exempt from the taxes imposed by this article only after becoming licensed; provided, however, that no license shall be required from a person whose only nonhighway use is of dyed fuel oils. The distributor shall be subject to this article. SECTION 4 . Said article is further amended by adding a new paragraph at the end of subsection (c) of Code Section 48-9-8, relating to tax reports from distributors, to be designated paragraph (5) to read as follows: (5) Every person who sells or delivers dyed fuel oil shall put on the face of the delivery document or invoice, or both if both are used, a notice that the product is dyed and is not for highway use. The commissioner may by regulation provide that any notice conforming to regulations promulgated by either the United States Environmental Protection Agency or Internal Revenue Service will be sufficient notice for purposes of this Code section. SECTION 5 . Said article is further amended by adding two new subsections, at the end of Code Section 48-9-16, relating to penalties and interest, to be designated subsections (e) and (f), to read as follows: (e) When any person: (1) Sells or delivers any dyed fuel oil when such person knows or has reason to know that the fuel will be consumed in a highway use; or (2) Consumes any dyed fuel oil for a highway use when such consumer knows or has reason to know that the fuel oil was dyed. Such person shall be subject to a penalty of $1,000.00 or $10.00 per gallon of dyed fuel oil involved in such sale, delivery, or consumption, whichever amount is greater, and such amount shall be multiplied by the number of prior penalties imposed on such violator under this subsection and the resulting product shall be the penalty to be imposed. (f) When any person sells or delivers any dyed fuel oil without the notices required under paragraph (5) of subsection (c) of Code Section 48-9-8, such person shall be subject to a penalty which shall be the greater of the following: (1) One hundred dollars per month for each month or part of a month in which such sale or delivery occurred; or (2) One dollar per gallon of dyed fuel oil involved in such sale or delivery. Upon a showing of no highway use and reasonable cause, at the commissioner's discretion the penalty under this subsection may be

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reduced to 10 percent of the amount which ordinarily would have been due or payment of the tax may be accepted in lieu of such penalty. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. REVENUE AND TAXATION COUNTY TAXATION; WAIVER OF CERTAIN PENALTIES DUE ON UNPAID AD VALOREM TAXES. Code Section 48-5-242 Enacted. No. 278 (House Bill No. 523). AN ACT To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to authorize tax collectors and tax commissioners to waive certain penalties due on unpaid ad valorem taxes; to provide for procedures and conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-5-242, to read as follows: 48-5-242. (a) Upon written approval by the governing authority of the county in accordance with subsection (c) of this Code section, the tax collector or tax commissioner may waive, in whole or in part, the collection of any amount due the taxing authorities for which taxes are collected, when such amount represents a penalty assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes, and when the tax collector or tax commissioner reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law. (b) In the case of penalties arising from the failure of the taxpayer to comply with the terms, conditions, or covenants required with respect to properties receiving any type of preferential assessment, the tax collector or tax commissioner shall not be authorized to waive any portion of the penalty that represents a recovery by the taxing authorities of any

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amount by which taxes were reduced as a result of the granting of such preferential assessment. (c) The waiver of penalties in accordance with this Code section shall be subject to the written approval of the county governing authority either on a case by case basis or by a resolution delegating the authority to the tax collector or tax commissioner to make the final determinations. Such resolution may establish rules and regulations governing the administration of this Code section and establish guidelines to be followed by the tax collector or tax commissioner when granting the penalty waivers. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. STATE GOVERNMENT PEACH DESIGNATED OFFICIAL STATE FRUIT. Code Section 50-3-70 Enacted. No. 279 (House Bill No. 559). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peach as the official state fruit; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, Georgia is known throughout the world as the Peach State; and WHEREAS, the peach growers of this state have earned a well-deserved reputation for consistently producing peaches of the highest quality; and WHEREAS, Georgia grown peaches are recognized for their wonderful flavor, texture, and appearance and for their nutritious qualities which promote a healthy, balanced diet; and WHEREAS, it is only fitting and proper that the peach be properly recognized as an official symbol of this state and that its use on motor vehicle license plates, state publications, state lottery tickets, and other materials be encouraged and expanded. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new

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Code section at the end thereof, to be designated Code Section 50-3-70, to read as follows: 50-3-70. The peach is designated as the official Georgia state fruit. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. STATE GOVERNMENT STATE AUDITOR'S ANNUAL REPORT OF SALARIES AND EXPENSES OF STATE GOVERNMENT PERSONNEL; ENTITIES COVERED; CONTENTS; CERTAIN INFORMATION TO BE FURNISHED TO STATE AUDITOR. Code Section 50-6-27 Amended. No. 280 (House Bill No. 578). AN ACT To amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's annual report of salaries and expenses of personnel of state government entities; to change provisions relating to the time for preparation of the report; to change provisions relating to the types of government entities covered; to provide for coverage of state authorities, units of the University System of Georgia, and local boards of education; to change provisions relating to the contents of the report; to require covered units to furnish information to the state auditor; to provide for other 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 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking Code Section 50-6-27, relating to annual personnel reports, and inserting in its place a new Code section to read as follows: 50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the

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name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. REVENUE AND TAXATION EXEMPTION FROM STATE SALES AND USE TAXATION FOR CERTAIN SALES BY PARENT-TEACHER ORGANIZATIONS. Code Section 48-8-3 Amended. No. 281 (House Bill No. 684). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, is amended by striking or from the end of paragraph (54) thereof, striking the period at the end of paragraph (55) thereof and inserting ; or, and adding thereafter a new paragraph (56) to read as follows: (56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501 (c)(3) of the Internal Revenue Code.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1995. STATE GOVERNMENT GEORGIA DESIGNATED POULTRY CAPITAL OF THE WORLD. Code Section 50-3-70 Enacted. No. 282 (House Bill No. 594). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate Georgia as the Poultry Capital of the World; to repeal conflicting laws; and for other purposes. WHEREAS, Georgia is recognized around the world as a leader in the poultry industry; and WHEREAS, poultry is the largest segment of Georgia agriculture and agribusiness and chickens are the largest single agricultural commodity in this state, producing over $2,400,000,000.00 in farm income annually in this state; and WHEREAS, the poultry industry is a major part of Georgia's economy, is responsible for significant economic benefits for countless Georgians through farm income, processing and allied industries, and meetings and conventions, and pumps over $10 billion annually through the Georgia economy; and WHEREAS, Georgia annually serves as the host to the International Poultry Trade Show, the largest poultry convention in the world, and this outstanding event brought over 24,000 visitors to Atlanta in 1995, including over 4,500 visitors from other countries, to view the exhibits of over 1,000 exhibitors; and WHEREAS, eighty-six Georgia counties each produce over $1 million worth of poultry each year and Georgia and the states bordering Georgia produce 42 percent of the chickens produced in the United States; and WHEREAS, on an average day, Georgia processes approximately 18 million pounds of chicken, with additional value added with the cut up and deboning of over 55 percent of such chicken and the further processing of more than 30 percent of such chicken; and WHEREAS, Georgia has an average daily production of more than 8 million table eggs, nearly 5 million hatching eggs, and approximately 75 tons of turkey; and

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WHEREAS, if Georgia were a country, it would be the fifth leading poultry country in the world. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding at the end of said article a new Code Section 50-3-70 to read as follows: 50-3-70. The State of Georgia is designated as the Poultry Capital of the World. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1995. LABOR AND INDUSTRIAL RELATIONS AMUSEMENT RIDE SAFETY ACT AMENDED; CARNIVAL RIDE SAFETY ACT AMENDED; VARIOUS PROVISIONS. Code Title 34, Chapters 12 and 13 Amended. No. 283 (House Bill No. 271). AN ACT To amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the Amusement Ride Safety Act, so as to define the term certificate fee; to change the provisions relating to waiver of ride inspection requirement; to change the provisions relating to the issuance of permits; to provide that a permit shall be valid for the calendar year; to provide for civil penalties; to provide that the imposition of a penalty shall not excuse the violation or permit it to continue; to provide that no county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision; to provide exceptions; to provide for ordinances or other regulations previously enacted; to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the Carnival Ride Safety Act, so as to define the term certificate fee; to change the provisions relating to waiver of inspection for rides inspected by other entities; to provide for civil penalties; to provide that the imposition of a penalty shall not excuse the violation or permit it to continue; to provide that no county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction,

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installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision; to provide exceptions; to provide for ordinances or other regulations previously enacted; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the Amusement Ride Safety Act, is amended by adding between paragraphs (3) and (4) of Code Section 34-12-2, relating to definitions applicable under said Act, a new paragraph (3.1) to read as follows: (3.1) `Certificate fee' means the fee charged by the department for a certificate to operate an amusement ride. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 34-12-9, relating to waiver of ride inspection requirement, and inserting in lieu thereof a new Code Section 34-12-9 to read as follows: 34-12-9. The department may waive the requirement of subsection (a) of Code Section 34-12-8 if the owner of an amusement ride gives satisfactory proof to the department that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter. SECTION 3 . Said chapter is further amended by striking in its entirety Code Section 34-12-10, relating to issuance of permits, and inserting in lieu thereof a new Code Section 34-12-10 to read as follows: 34-12-10. The department shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued. SECTION 4 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-12-18, relating to order for temporary cessation of operation of an amusement ride, and inserting in lieu thereof a new subsection (c) to read as follows:

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(c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter and the rules and regulations promulgated under this chapter. The imposition of a penalty for a violation of this chapter or the rules and regulations promulgated under this chapter shall not excuse the violation or permit it to continue. SECTION 5 . Said chapter is further amended by adding following Code Section 34-12-20 a new Code Section 34-12-21 to read as follows: 34-12-21. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this chapter preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48. SECTION 6 . Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the Carnival Ride Safety Act, is amended by adding between paragraphs (3) and (4) of Code Section 34-13-2, relating to definitions applicable under said Act, a new paragraph (3.1) to read as follows: (3.1) `Certificate fee' means the fee charged by the department for a certificate to operate a carnival ride. SECTION 7 . Said chapter is further amended by striking in its entirety Code Section 34-13-9, relating to waiver of inspection for rides inspected by other entity, and inserting in lieu thereof a new Code Section 34-13-9 to read as follows:

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34-13-9. The department may waive the requirement of Code Section 34-13-8 if the owner of a carnival ride gives satisfactory proof to the department that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter. SECTION 8 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-13-18, relating to order for temporary cessation of operation of a carnival ride, and inserting in lieu thereof a new subsection (c) to read as follows: (c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter and the rules and regulations promulgated under this chapter. The imposition of a penalty for a violation of this chapter or the rules and regulations promulgated under this chapter shall not excuse the violation or permit it to continue. SECTION 9 . Said chapter is further amended by adding following Code Section 34-13-22 a new Code Section 34-13-23 to read as follows: 34-13-23. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this chapter preempts the imposition of regulatory fees or occupation taxes

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imposed by counties and municipalities pursuant to Chapter 13 of Title 48. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. BUILDINGS AND HOUSING CERTAIN IMPROPER ACTS RELATING TO ELEVATORS AND SIMILAR MACHINES; CRIMINAL VIOLATIONS; PENALTIES; EFFECT OF PENALTIES. Code Section 8-2-107 Amended. No. 284 (House Bill No. 269). AN ACT To amend Code Section 8-2-107 of the Official Code of Georgia Annotated, relating to penalties for the improper installation, alteration, maintenance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall constitute a misdemeanor; to change the provisions relating to the authority to levy penalties; to change the maximum amount of certain penalties and to provide for additional penalties; to provide that the imposition of a penalty shall not excuse the violation or permit it to continue; 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 8-2-107 of the Official Code of Georgia Annotated, relating to penalties for the improper installation, alteration, maintenance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b)(1) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense. (2) In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations

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promulgated under this part shall not excuse the violation or permit it to continue. SECTION 2 . This Act shall become effective July 1, 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. DEPARTMENT OF LABOR SUPPLEMENTAL APPROPRIATIONS. No. 285 (House Bill No. 164). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the

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Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $547,146.00. Of said additional amount, the sum of $547,146.00 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. SECTION 2 . The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate

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any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY LAW; VARIOUS PROVISIONS AMENDED. Code Title 34, Chapter 8 Amended. No. 286 (House Bill No. 260). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, so as to change a reference with respect to the creation and financing of State Employment Service; to change the liability of succeeding employers; to change the computation of contribution rates for such employers; to provide that for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster; to authorize employers to make voluntary payments in addition to the contributions required by law; to provide for the computation and crediting of such voluntary payments; to change the date of the automatic repeal of provisions applicable to administrative assessments; to provide conditions under which voluntary contributions may be used for the computation of reduced rates; to provide the time at which voluntary payments are included in the experience accounts; to change the provisions relating to determination of eligibility for unemployment benefits generally; to change the provisions relating to when an individual is not considered available for work; to require that certain individuals participate in reemployment services in order to be eligible for unemployment benefits; to provide exceptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking in its entirety subsection (a) of Code Section 34-8-77, relating to the creation and financing of State Employment Service, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The State Employment Service is established as a program administered by the department. The Commissioner 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 performing such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49, as amended. The Commissioner 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 Department of Labor is designated and constituted the agency of this state for the purposes of that act. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 34-8-153, relating to liability of succeeding employer, and inserting in lieu thereof a new Code Section 34-8-153 to read as follows: 34-8-153. (a) Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the business or assets of any employer and who thereafter continues the acquired business shall be deemed to be a successor to the employer from whom the business was acquired. The successor shall acquire the experience rating record of the predecessor except as otherwise provided in this Code section. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor; provided, however, if the existing rate of contributions of the predecessor exceeds the new employer rate as specified in Code Section 34-8-151, the successor shall be assigned a new employer rate of contributions; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations and the successor shall be otherwise treated as a new employer.

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(b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessor's rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations. (c) Any employing unit which acquires by any means any clearly identifiable or separable portion of the business of an employer and is an employer at the time of the acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the business was acquired. A portion of the predecessor's experience rating records which are attributable to the portion of the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be determined. (d) If the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date. (e) If the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date. (f) Nothing in this Code section shall be construed to affect liens which are created pursuant to Code Section 34-8-167.

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SECTION 3 . Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 34-8-157, relating to provision that regular benefits paid to be charged against experience rating account, and inserting in lieu thereof a new paragraph (2) to read as follows: (2)(A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year. (B) In the event the provisions of subparagraph (A) of this paragraph are determined by the United States secretary of labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section. (C) Benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254. (D) Notwithstanding any other provision of this subsection to the contrary, for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster;. SECTION 4 . Said chapter is further amended by adding at the end of Article 5, relating to contributions and payments in lieu of contributions, a new Code Section 34-8-178 to read as follows: 34-8-178. Any employer may make voluntary payments in addition to the contributions required under this chapter, and the same shall be credited to the employer's experience account; provided, however, that such voluntary contributions shall not be used in the computation of reduced rates unless such contributions are paid within 30 days following the date

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upon which the Commissioner mails notice that such payments may be made with respect to a calendar year. Such voluntary payments when accepted from an employer will not be refunded in whole or in part. SECTION 5 . Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of provisions applicable to administrative assessments, and inserting in lieu thereof a new Code Section 34-8-185 to read as follows: 34-8-185. This article shall stand repealed in its entirety on June 30, 2001. SECTION 6 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-8-195, relating to the determination of eligibility for unemployment benefits generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met: (1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earnings in accordance with Code Section 34-8-190; (2) The individual has registered for work and has continued to report to an employment office as required by regulations prescribed by the Commissioner. The Commissioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compliance with the requirements would be oppressive or inconsistent with the purposes of this chapter; (3) (A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that: (i) The individual is away from work on vacation or leave of absence at the individual's own request; (ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or (iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to:

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(I) An established employer custom, practice, or policy as evidenced by the previous year or years; or (II) A vacation policy and practice established by the employer by an announcement, made at least 30 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligibility requirements of the plan. (B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph; (4) The individual has participated in reemployment services, such as job search assistance services, if the individual was determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner unless the Commissioner determines that: (A) Such individual has completed such reemployment services; or (B) There is justifiable cause for such individual's failure to participate in such reemployment services; (5) The individual is willing to work under the same general terms and conditions as existed since the beginning of the base period; and (6) The individual has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-193. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995.

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CRIMINAL PROCEDURE AGGRAVATED SEXUAL BATTERY BAILABLE ONLY BEFORE SUPERIOR COURT; REBUTTABLE PRESUMPTION AGAINST BAIL FOR SECOND OR SUBSEQUENT SERIOUS VIOLENT FELONIES. Code Section 17-6-1 Amended. No. 287 (Senate Bill No. 81). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to jurisdiction and procedure for granting of bail, so as to change provisions relating to offenses bailable only before a judge of superior court; to provide for limitations upon the granting of bail for aggravated sexual battery and for certain other offenses where the defendant has previously been convicted of or charged with aggravated sexual battery; to provide that there shall be a rebuttable presumption that no combination of conditions will provide the assurances required for bail in the case of a person charged with a serious violent felony if such person has already been convicted of a serious violent felony or like offense; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to jurisdiction and procedure for granting of bail, is amended by striking subsection (a) and inserting in its place a new subsection to read 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; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Aggravated sexual battery; (9) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled

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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, relating to trafficking in cocaine or marijuana; and (11) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection. SECTION 2 . Said Code section is further amended by striking subsection (e) and inserting in its place a new subsection to read as follows: (e) A court shall be authorized to release a person on bail if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term `serious violent felony' means a serious violent felony as defined in Code Section 17-10-6.1. SECTION 3 . This Act shall become effective July 1, 1995. This Act shall apply to all bail hearings held on or after that effective date, without regard to whether the offense was committed prior to, on, or after that date and without regard to whether an underlying prior conviction occurred prior to, on, or after that effective date. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995.

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DEATH PENALTY HABEAS CORPUS REFORM ACT OF 1995 FINDINGS; PETITIONS; CASE ASSIGNMENT; TIME PERIODS; DISCOVERY LIMITED; AFFIDAVITS; CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL; REQUESTS FOR JUDICIAL ASSISTANCE. Code Title 9, Chapter 14, Article 2 and Code Section 15-1-9.1 Amended. No. 288 (Senate Bill No. 113). AN ACT To enact the Death Penalty Habeas Corpus Reform Act of 1995; to state legislative findings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, so as to change the required contents of certain petitions; to change the time required for certain answers and hearings; to provide for comprehensive procedures with respect to challenging for the first time state court proceedings resulting in a death sentence; to require the establishment of uniform court rules of certain time periods and schedules applicable thereto; to prohibit certain discovery except under certain circumstances; to change the time period for certain notice; to change certain requirements with respect to certain affidavits; to change certain provisions relating to review and granting of habeas corpus relief; to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to change certain requirements with respect to such requests in certain habeas corpus cases; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Death Penalty Habeas Corpus Reform Act of 1995. SECTION 2 . It is found and determined by the General Assembly of Georgia that: (1) Through automatic direct appeal, sentence review procedures, and the writ of habeas corpus, state law currently provides defendants upon whom the death penalty has been imposed multiple and adequate opportunities to assert their constitutional rights, seek remedies, and raise objections to their convictions and sentences; (2) The writ of habeas corpus in state courts should not be used by defendants upon whom the death penalty has been imposed solely as a delaying tactic under the guise of asserting rights, seeking remedies, or raising objections and challenges to their convictions and sentences

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that should have been raised or asserted in the unified appeal procedure and the automatic direct appeal available under state law; and (3) Strict compliance by the courts and all parties with fair and practical procedures for litigating writs of habeas corpus will prevent the waste of limited resources and will eliminate unnecessary delays in carrying out valid death sentences imposed in accordance with law. SECTION 3 . Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, is amended by striking in its entirety Code Section 9-14-44, relating to the petition, contents, and verification, and inserting in lieu thereof a new Code Section 9-14-44 to read as follows: 9-14-44. A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, clearly set forth the respects in which the petitioner's rights were violated, and state with specificity which claims were raised at trial or on direct appeal, providing appropriate citations to the trial or appellate record. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his or her conviction and, in the case of prior habeas corpus petitions, shall state which claims were previously raised. Argument and citations of authorities shall be omitted from the petition; however, a brief may be submitted in support of the petition setting forth any applicable argument. The petition must be verified by the oath of the applicant or of some other person in his or her behalf. SECTION 4 . Said article is further amended by striking in its entirety Code Section 9-14-47, relating to the time for answer and hearing, and inserting in lieu thereof a new Code Section 9-14-47 to read as follows: 9-14-47. Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.

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SECTION 5 . Said article is further amended by adding between Code Section 9-14-47 and 9-14-48 a new Code Section 9-14-47.1 to read as follows: 9-14-47.1. (a) In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section. (b) Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assistance under paragraph (3) of subsection (b) of Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sentence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31, 1995. Such new time periods and schedules shall include, but specifically not be limited to, the following: (1) Respondent's filing of an answer or motion to dismiss the petition; (2) Petitioner's filing of any amendments to the petition; (3) Filing by either party of motions and responses to motions; (4) Scheduling and conducting of evidentiary hearings; (5) Date of final order. (d) In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions. SECTION 6 . Said article is further amended by striking in its entirety Code Section 9-14-48, relating to hearing, evidence, depositions, affidavits, and determination

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of compliance with procedural rules, and inserting in lieu thereof a new Code Section 9-14-48 to read as follows: 9-14-48. (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except upon leave of court and a showing of exceptional circumstances. (b) The taking of depositions or depositions upon written questions by either party shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37; provided, however, that the time allowed in Code Section 9-11-31 for service of cross-questions upon all other parties shall be ten days from the date the notice and written questions are served. (c) If sworn affidavits are intended by either party to be introduced into evidence, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least ten days in advance of the date set for a hearing in the case. The affidavit so served shall include the address and telephone number of the affiant, home or business, if known, to provide the opposing party a reasonable opportunity to contact the affiant; failure to include this information in any affidavit shall render the affidavit inadmissible. The affidavit shall also be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves. (d) The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal and whether, in the event the petitioner had new counsel subsequent to trial, the petitioner raised any claim of ineffective assistance of trial counsel on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. SECTION 7 . Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, is amended by striking paragraph (3) of subsection (b) and inserting in its place new paragraphs (3) and (4) to read as follows:

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(3) When a petition for habeas corpus is filed challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (4) In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. SECTION 8 . (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 4 of this Act shall become effective on January 1, 1996. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. CRIMINAL PROCEDURE VICTIMS' RIGHTS; CRIME VICTIMS' BILL OF RIGHTS ENACTED; CRIME VICTIM NOTIFICATION OF CHANGE IN CUSTODIAL STATUS OF OFFENDER. Code Sections 17-15-8 and 42-1-11 Amended. Code Title 17, Chapter 17 Enacted. No. 289 (House Bill No. 170). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change and make provisions relating to rights

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of victims of crimes; to increase the maximum amount of compensation payable to and on behalf of victims of crimes; to enact a Crime Victims' Bill of Rights; to state legislative findings; to provide a short title; to define terms; to provide for certain rights to victims of certain crimes; to provide for designation of other persons to exercise such rights under certain circumstances; to provide for notification to victims of certain matters by law enforcement personnel; to provide for promulgation of information by the Criminal Justice Coordinating Council; to provide for notification to victims of certain matters by prosecuting attorneys; to provide for separation of victims from defendants and related parties during court proceedings; to provide that under certain circumstances the court may require that information concerning a victim's address, telephone number, or place of employment shall not be transmitted to the defendant; to provide for a victim's right to express his or her opinion with respect to certain issues; to provide for notice by the State Board of Pardons and Paroles prior to consideration of a pardon, parole, or other clemency; to provide for procedural matters; to provide for effect with respect to civil and criminal liability; to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions and penal matters in general, so as to change provisions relating to notification to victims when offenders have a change in custodial status; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-15-8, relating to an award of compensation to a crime victim, by striking paragraph (1) of subsection (c) of said Code section in its entirety and inserting in lieu thereof the following: (c)(1) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the agreegate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1995, no award made under the provisions of the chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $10,000.00 in the aggregate. SECTION 2 . Said title is further amended by adding a new Chapter 17 to read as follows:

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CHAPTER 17 17-17-1. The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. 17-17-2. This chapter shall be known and may be cited as the `Crime Victims' Bill of Rights.' 17-17-3. As used in this chapter, the term: (1) `Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (2) `Arresting law enforcement agency' means any law enforcement agency, other than the investigating law enforcement agency, which arrests the accused. (3) `Compensation' means awards granted by the Georgia Crime Victims Compensation Board pursuant to Chapter 15 of this title. (4) `Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3 of Chapter 7 of Title 16, relating to burglary and arson; Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery; Code Section 16-12-100, relating to sexual exploitation of children; Code Section 40-6-393, relating to homicide by vehicle; Code Section 40-6-393.1, relating to feticide by vehicle; or Code Section 40-6-394, relating to serious injury by vehicle. (5) `Custodial authority' means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Department of Children and Youth Services, or any other law enforcement officer having actual custody of the accused. (6) `Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the crime. (7) `Notice,' `notification,' or `notify' means a written notice when time permits or, failing such, a documented effort to reach the victim by telephonic or other means. (8) `Person' means an individual. (9) `Prompt notice,' `prompt notification,' or `promptly notify' means notification given to the victim as soon as practically possible so as to

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provide the victim with a meaningful opportunity to exercise his or her rights pursuant to this chapter. (10) `Prosecuting attorney' means the district attorney, the solicitor of state or other courts, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these. (11) `Victim' means: (A) A person against whom a crime has been perpetrated; or (B) In the event of the death of the crime victim, the following relations if the relation is not either in custody for an offense or the defendant: (i) The spouse; (ii) An adult child if division (i) does not apply; (iii) A parent if divisions (i) and (ii) do not apply; (iv) A sibling if divisions (i) through (iii) do not apply; (v) A grandparent if divisions (i) through (iv) do not apply; or (C) A parent, guardian, or custodian of a crime victim who is a minor or a legally incapacitated person except if such parent, guardian, or custodian is in custody for an offense or is the defendant. 17-17-4. If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sibling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this chapter to the victim shall continue to be afforded only to the victim. 17-17-5. (a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the accused's arrest, of the accused's release from custody, and of any judicial proceeding at which the release of the accused will be considered. No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed. (b) The investigating law enforcement agency; prosecuting attorney, or custodial authority who is required to provide notification pursuant to this chapter shall advise the victim of his or her right to notification and of the requirement of the victim's providing a landline telephone

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number other than a pocket pager or electronic communication device number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate investigating law enforcement agency, prosecuting attorney, or custodial authority as provided for in this chapter. 17-17-6. (a) Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language: (1) The possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained. (2) The availability of victim compensation; and (3) The availability of community based victim service programs. (b) The Criminal Justice Coordinating Council is designated as the coordinating entity between various law enforcement agencies, the courts, and social service delivery agencies. The Criminal Justice Coordinating Council shall develop and disseminate written information upon which law enforcement personnel may rely in disseminating the information required by this chapter. 17-17-7. (a) Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section 17-17-3 of the arrest of an accused. (b) The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused's arrest. (c) Whenever possible, the prosecuting attorney shall notify the victim prior to any proceeding in which the release of the accused will be considered. (d) Whenever possible, the prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the release of the accused pending judicial proceedings. (e) Whenever possible, the custodial authority shall give prompt notification to a victim of the release of the accused. (1) Prompt notification of release from a county or municipal jail is effected by placing a telephone call to the telephone number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.

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(2) Notification of release from the custody of the state or any county correctional facility shall be in the manner provided by law. (f) If the court has granted a pretrial release or supersedeas bond, the victim shall have the right to file a written complaint with the prosecuting attorney asserting acts or threats of physical violence or intimidation by the accused or at the accused's direction against the victim or the victim's immediate family. Based on the victim's written complaint or other evidence, the prosecuting attorney may move the court that the bond or personal recognizance of an accused be revoked. 17-17-8. (a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: (1) The procedural steps in processing a criminal case; (2) The rights and procedures of victims under this chapter; (3) Suggested procedures if the victim is subjected to threats or intimidation; and (4) The names and telephone numbers of contact persons at both the office of the custodial authority and in the prosecuting attorney's office. (b) If requested in writing by the victim and to the extent possible, the prosecuting attorney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be limited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, appellate review, and post-conviction relief. The prosecuting attorney shall notify all victims of the requirement to make such request in writing. 17-17-9. The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding. 17-17-10. As a condition of permitting a response to an inquiry as to the victim's current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not

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limited to counsel for the defendant, not to transmit or permit transmission to the defendant of the victim's current address, telephone number, or place of employment by the counsel or officer of the court or any employee, agent, or other representative of the counsel or officer of the court. 17-17-11. The prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the disposition of an accused's case, including the views of the victim regarding: (1) Plea or sentence negotiations; and (2) Participation in pretrial or post-conviction diversion programs. This provision shall not limit any other right created pursuant to state law. 17-17-12. (a) Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following: (1) That the accused has filed a motion for new trial or an appeal of his or her conviction; (2) Whether the accused has been released on bail or other recognizance pending the disposition of the motion or appeal; (3) The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time or place of those proceedings; and (4) The result of the motion or appeal. (b) In the event the accused is granted a new trial or the conviction is reversed or remanded and the case is returned to the trial court for further proceedings, the victim shall be entitled to request the rights and privileges provided by this chapter. 17-17-13. The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole or any other manner of executive clemency action to release a defendant for a period exceeding 60 days; and the board shall provide the victim with an opportunity to file a written objection to such action. No notification need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Pardons and Paroles with a current address and telephone number.

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17-17-14. (a) It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim's current address and phone number: (1) The investigating law enforcement agency; (2) The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later; and (3) As directed by the prosecuting attorney, the sheriff if the accused is in the sheriff's custody for pretrial, trial, or post-conviction proceedings; the Department of Corrections if the accused is in the custody of the state; or any county correctional facility if the defendant is sentenced to serve time in a facility which is not a state facility; and (4) The State Board of Pardons and Paroles. (b) Current addresses and telephone numbers of victims and their names provided for the purposes of notification pursuant to this chapter or any other notification statute shall be confidential and used solely for the purposes of this chapter and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. 17-17-15. (a) Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or that person's employer to any liability for damages. (b) Failure to provide a victim with any of the rights required by law shall not give an accused a basis for error in either an appellate action or a post-conviction writ of habeas corpus. (c) This chapter does not confer upon a victim any standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. (d) The enumeration of these rights shall not be construed to deny or diminish other notification rights granted by state law. (e) The victim may waive any of the information or notification or other rights provided for by this chapter. SECTION 3 . Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions and penal matters in general, is amended by striking Code Section 42-1-11, relating to crime victim notification, and inserting in its place a new Code Section 42-1-11 to read as follows:

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42-1-11. (a) As used in this Code section, the term: (1) `Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3 of Chapter 7 of Title 16, relating to burglary and arson; or Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery. (2) `Crime against the person or sexual offense' means any crime provided for in Chapter 5 or 6 of Title 16. (3) `Custodial authority' means the commissioner of corrections if the offender is in the physical custody of the state, or the sheriff if the offender is incarcerated in a county jail, or the warden if the offender is incarcerated in a county correctional institution. (4) `Offender' means a person sentenced to a term of incarceration in a state or county correctional institution. (b) If the identity of a victim of a crime has been verified by the prosecuting attorney, who has, at the request of such victim, mailed a letter to the custodial authority requesting that the victim be notified of a change in the custodial status of an offender, then the custodial authority shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person or sexual offense for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to or release from work release, or as soon thereafter as is practical in situations involving emergencies. (c) The notice given to a victim of a crime against a person or sexual offense must include the conditions governing the offender's release or transfer and either the identity of the corrections agent or the county officer who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The custodial authority complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the custodial authority in writing. (d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the custodial

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authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file. (e) All identifying information regarding the victim, including the victim's request and the notice provided by the custodial authority, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the custodial authority with a current address. (f) A designated official in the Department of Corrections, the county correctional facility, and the sheriff's office shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime. (g) The custodial authority shall not be liable for a failure to notify the victim. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. COURTS DISTRICT ATTORNEYS' ADDITIONAL DUTIES; APPOINTMENT OF ADDITIONAL ASSISTANT DISTRICT ATTORNEYS; DUTIES OF ASSISTANT DISTRICT ATTORNEYS REGARDING VICTIMS' RIGHTS. Code Sections 15-8-6 and 15-18-14 Amended. No. 290 (House Bill No. 178). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for additional duties of district attorneys; to authorize the appointment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to general proyisions regarding district attorneys, is amended in Code Section 15-18-6, relating to duties of district attorneys, by striking and at the end of paragraph (9), redesignating paragraph (10) as paragraph (11), and by inserting a new paragraph immediately following paragraph (9), to be designated paragraph (10), to read as follows: (10) To assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure the victims of crimes are apprised of the rights afforded them under the law; and. SECTION 2 . Said article is further amended by striking subsection (b) of Code Section 15-18-14, relating to assistant district attorneys, and inserting in its place a new subsection (b) to read as follows: (b)(1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office. (2) In addition to the attorneys appointed pursuant to paragraph (1) of this subsection and subject to available funding, the district attorney in each judicial circuit is authorized to appoint one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office. (3) In addition to all other duties set forth in this Code section and consistent with their constitutional and statutory duties, all attorneys appointed pursuant to paragraphs (1) and (2) of this subsection shall act to protect the rights of victims of crimes as now or in the future may be defined by applicable law. (4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under

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this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995. PENAL INSTITUTIONS PROBATION; COMMUNITY SERVICE PILOT PROJECT ESTABLISHED; PROBATION SERVICES; COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL CREATED; PRIVATE PROBATION OFFICERS AND CONTRACTS; APPLICABILITY TO INTERGOVERNMENTAL CONTRACTS. Code Title 42, Chapter 8, Article 6 Revised. Code Section 42-8-72 Amended. No. 291 (House Bill No. 435). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to establish the Community Service Pilot Project; to provide that community service shall be a under such pilot project; to provide that community service may be considered as a condition of probation in other cases; to provide for purposes, conditions, and limitations; to provide for termination of such pilot projects; to prohibit all community service by certain sex offenders and other dangerous offenders; to provide for conditions applicable to funding; to provide for guidelines to be developed by the Judicial Council with the approval of the Supreme Court; to change the provisions relative to the contracting for probation services by counties, municipalities, and the state; to expand the scope of the County Probation Advisory Council to include municipal probation systems; to add four members and provide for the powers and duties of the County and Municipal Probation Advisory Council; to establish uniform professional standards for private probation officers; to establish uniform contract standards for private probation contracts; to authorize the council to review these standards and issue a report on its findings to the General Assembly; to provide for applicability with respect to intergovernmental contracts; to prohibit certain activities by private probation officers; to declare certain records of contracting corporations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; to provide for effective

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dates, applicability, and contingencies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Code Section 42-8-72, relating to community service, and inserting in its place a new Code Section 42-8-72 to read as follows: 42-8-72. (a) In all cases other than cases provided for under subsection (g) of this Code section, community service may be considered as a condition of probation with primary consideration given to the following categories of offenders: (1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the judge. (b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a condition of probation, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, said service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years. (c) (1) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The judge shall confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of probation but for no longer than two years.

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(2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will provide the offender with certain free hours each week. (3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such an arrangement, the court shall determine if the offender has met the conditions of probation. (4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person. (d) The judge may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration. (e) Community service hours may be added to original court ordered hours as a disciplinary action by the court or as an additional requirement of any program in lieu of incarceration. (f) No community service which would expose the general public to the person on probation shall be permitted for sex offenders or offenders considered to be dangerous by the judge or prosecutor. (g) (1) In pilot project judicial circuits under this subsection, community service shall be a condition of probation in all cases involving felony or misdemeanor sentences from a state court or a superior court where incarceration is not part of the sentence. (2) There is established the Community Service Pilot Project. No later than July 1, 1996, the Department of Corrections shall design a Community Service Pilot Project program which meets the requirements of this subsection and by that date shall submit a request to the Judicial Council of Georgia requesting designation of no more than five judicial circuits in this state as pilot project sites. The department shall implement the program in those pilot project judicial circuits no later than the first date upon which those provisions of this subsection have become effective. (3) The Community Service Pilot Project is established for the following purposes: (A) To provide an additional sanction for all other alternative programs; (B) To provide symbolic restitution to victims and increase offenders' positive involvement in the community; (C) To promote the work ethic by requiring offenders to report to work regularly; and

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(D) To assist nonprofit and government agencies with skilled and unskilled projects. (4) The following offenders shall be exempt from the Community Service Pilot Project: (A) A mentally or physically disabled or incapacitated adult; (B) A caretaker of a mentally or physically disabled or incapacitated dependent person living in the household; or (C) An adult who is 60 years of age or over. (5)(A) No provision of this subsection shall require or prohibit any expenditure of local funds for the purposes of this subsection. (B) In no event shall the receipt of any state funds which are appropriated for the purposes of this subsection be conditioned upon the expenditure of any local funds for the purposes of this subsection. (6) All Community Service Pilot Projects established under this subsection shall terminate on or before June 30, 1999. SECTION 2 . Said chapter is further amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows: ARTICLE 6 42-8-100. (a) (1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation

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services for persons convicted of a misdemeanor in that court and placed on probation in the county. (b) (1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. 42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Governor, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification,

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or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services and the conduct of business by private entities providing probation services as authorized by this article. (b) The business of the council shall be conducted in the following manner: (1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come from funds appropriated to or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties: (1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control;

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(2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations establishing a 40 hour orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers; (4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts; (5) To promulgate rules and regulations establishing registration for any private corporation, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; and (6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 1996. 42-8-102. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council. (b) The uniform contract standards contained in this Code section shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum: (1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section;

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(3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council; (4) Policies and procedures for the training of staff; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitution; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recommended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The County and Municipal Probation Advisory Council shall review the uniform professional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report. 42-8-103. (a) Any private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article shall provide to the judge with whom the contract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination. (b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be

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open to inspection upon the request of the affected county, municipality, consolidated government, or court or the Department of Audits and Accounts. 42-8-104. (a) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision. 42-8-105. The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services. 42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provisions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, or the Department of Audits and Accounts. (b) In the event of a transfer of the supervision of a probationer from a private corporation, enterprise, or agency to the Department of Corrections, the Department of Corrections shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena. 42-8-107. (a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone number, and the name of its agent for communication with the County and Municipal Probation Advisory Council. No registration fee shall be required.

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(b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council. SECTION 3 . The provisions of Section 1 of this Act may be applied on and after July 1, 1996, to offenses committed on or after that date, contingent upon funding as provided in subsection (a) of Section 4 of this Act. The determination of the five judicial circuits which shall serve as pilot project sites under Section 1 of this Act beginning July 1, 1996, shall be in accordance with guidelines to be developed by the Judicial Council of Georgia after consultation with the Office of Planning and Budget and with the approval of the Supreme Court of Georgia. Such guidelines shall: (1) Identify the judicial circuits which shall serve as pilot project sites; (2) Reflect the levels of fiscal resources available for implementation of this Act; (3) Provide for equal protection of the law to offenders and classes of offenders to whom this Act is to be applied; and (4) Provide measures of evaluation of the five pilot projects. SECTION 4 . (a) The provisions of Section 1 of this Act shall become effective only when funds are specifically appropriated for purposes of Section 1 of this Act in an Appropriations Act making specific reference to Section 1 of this Act. (b) No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority. SECTION 5 . Except as otherwise provided in Sections 3 and 4, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1995.

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HANDICAPPED PERSONS GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES CREATED; POWERS, DUTIES, COMPOSITION, AND OFFICERS OF COUNCIL; APPOINTMENT AND TERMS OF MEMBERS; FUNDING; REIMBURSEMENT FOR EXPENSES. Code Title 30, Chapter 8 Enacted. No. 292 (Senate Bill No. 239). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Developmental Disabilities; to provide that the council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended; to provide for composition of the council; to provide for appointment and terms of members of the council; to provide for election of officers; to provide for rules and procedures; to provide for functions and duties of the council; to provide for recruitment and hiring of staff; to provide for funding of council activities; to provide for reimbursement of council members for their expenses actually incurred in the performance of council duties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new Chapter 8 to read as follows: CHAPTER 8 30-8-1. (a) There is created the Governor's Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the

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extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Council on Developmental Disabilities shall: (1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and (8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Council on Developmental Disabilities shall be attached to the Department of Human Resources for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are

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not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. ELECTIONS WITHDRAWAL OF NOMINEE FROM ENSUING GENERAL ELECTION; FILLING VACANCIES; SPECIAL ELECTIONS. Code Section 21-2-134 Amended. No. 293 (House Bill No. 111). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election; to provide for procedures; to provide for the filling of vacancies created by such withdrawal; to provide for special elections; to provide for limitations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-134, relating to restrictions on the withdrawal of nominated candidates, and inserting in its place a new Code Section 21-2-134 to read as follows: 21-2-134. (a) (1) A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office, or the county superintendent, if nominated for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall

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not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate. (2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b) (1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in

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the last presidential election. A two-thirds' majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive

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committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under division (i) of this subparagraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal, death, or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the

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office shall be filled by a special election as provided in Code Section 21-2-540. (e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairperson and secretary. Every such

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certificate of nomination shall be sworn to by the chairperson and secretary before an officer qualified to administer oaths. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. COOPERATIVE MARKETING ASSOCIATIONS POWERS; BOARDS OF DIRECTORS; BYLAWS; MEMBER'S INTEREST. Code Sections 2-10-86, 2-10-87, and 2-10-108 Amended. Code Section 2-10-103.1 Enacted. No. 294 (House Bill No. 125). AN ACT To amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the Cooperative Marketing Act, so as to provide for clarification of the rights and powers of cooperative marketing associations and their boards of directors; to change the provisions relating to bylaws and the contents thereof; to change the provisions relating to elections, compensation, contracts, and vacancies of directors; to provide for powers of such associations; to provide for the applicability of certain laws to such associations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the Cooperative Marketing Act, is amended by striking subsection (b) of Code Section 2-10-86, relating to adoption of bylaws and provisions authorized to be in the bylaws of cooperative marketing associations, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Under its bylaws each association may provide for any or all of the following matters: (1) The time, place, and manner of calling and conducting its meetings; (2) The number of stockholders or members constituting a quorum; (3) The right of members or stockholders to vote by proxy, by mail, or by both and the conditions, manner, form, and effects of such votes; (4) The number of directors constituting a quorum;

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(5) The qualifications, compensation, duties, and term of office of directors and officers; the time of their election; and the mode and manner of giving notice thereof; (6) Penalties for violations of bylaws; (7) The amount of entrance, organization, and membership fees, if any; the manner and method of collecting the same; and the purposes for which they may be used; (8) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and manner of collection thereof; and the marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; (9) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; (10) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock and the manner of assignment and transfer of the interests of members and of the shares of common stock; (11) The conditions upon which and time when the membership of any member shall cease; the automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association; and the mode, manner, and effect of the expulsion of a member; and (12) The manner of determining the value of a member's property interest in the association and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership, provided that, at the option of the association, such value may be determined by conclusive appraisal by the board of directors. SECTION 2 . Said article is further amended by striking Code Section 2-10-87, relating to directors of a cooperative marketing association, their management of the association; the number of directors; and their election or appointment, compensation, contracts with their association, and vacancies, and inserting in lieu thereof a new Code Section 2-10-87 to read as follows:

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2-10-87. (a) The affairs of the association shall be managed by a board of not less than five directors elected by the members or stockholders from their own number. (b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such a case the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to such districts and whether the results of all such elections shall be final or shall be ratified by the next regular meeting of the association. (c) The bylaws may provide that one or more directors may be appointed by the Commissioner, the dean of the College of Agriculture of the University of Georgia, or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association but shall have the same powers and rights as other directors. (d) An association may provide a fair remuneration to its officers and directors for their services to the association. (e) No director, during the term of his or her office, shall be a party to a marketing or purchasing contract with the association the provisions of which differ in any way from the marketing or purchasing contracts generally accorded regular members or holders of common stock of the association in the same trade area, or to any other kind of contract that affects the amount of the association's patronage distributions to the director the terms of which differ from terms generally current in that district. (f) When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board shall fill the vacancy by a majority vote. If the bylaws provide for an election of directors by district, the person filling the vacancy must live in the district for which the vacancy exists. SECTION 3 . Said article is further amended by adding, following Code Section 2-10-103, a new Code Section 2-10-103.1 to read as follows: 2-10-103.1. A cooperative association organized under this article shall have the powers from time to time (1) to acquire part or all of the debt or equity

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or both of any corporations, partnerships, or other legal entities engaged in any agricultural or other businesses, (2) to join with others to create or to own all or part of any such entities, and (3) to control and manage such entities. The business of any such entities shall not be considered to be the business of the cooperative association for purposes of Code Section 2-10-94, Code Section 2-10-103, or any other Code section of this article. SECTION 4 . Said article is further amended by striking Code Section 2-10-108, relating to applicability of general corporation laws to cooperative marketing associations, and inserting in lieu thereof a new Code Section 2-10-108 to read as follows: 2-10-108. The general corporation laws of this state applicable to nonprofit corporations, as amended from time to time, and all powers and rights thereunder shall apply to the associations organized under this article, except where such laws are in conflict or inconsistent with the express provisions of this article. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. STATE GOVERNMENT WELCOME CENTERS; AUTOMATED TELLER MACHINES AND CASH DISPENSING MACHINES; INSTALLATION AND OPERATION AUTHORIZED. Code Section 50-70-12 Amended. No. 295 (House Bill No. 147). AN ACT To amend Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and installation and operation of vending machines at welcome centers, so as to provide for the installation and operation of automated teller machines and cash-dispensing machines at welcome centers; to provide for the practices, procedures, and requirements related thereto; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and installation and operation of vending machines at welcome centers, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is authorized to provide for the installation and operation at welcome centers of automated teller machines and cash-dispensing machines. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Industry, Trade, and Tourism to be in the best interest of the state and the traveling public. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. ELECTIONS ABSENTEE ELECTOR DEFINED. Code Sections 21-2-380 and 21-3-280 Amended. No. 296 (House Bill No. 153). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term absentee elector to provide that persons who are unable to be present at the polls on election day because such persons are providing care to a physically disabled person may qualify as absentee electors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-380, relating to the definition of the term absentee elector, in its entirety and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:

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21-2-380. As used in this article, the term `absentee elector' means an elector of this state who: (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. SECTION 2 . Said title is further amended by striking Code Section 21-3-280, relating to the definition of the term absentee elector, in its entirety and inserting in lieu thereof a new Code Section 21-3-280 to read as follows: 21-3-280. As used in this article, the term `absentee elector' means an elector of the municipality who: (1) Is required to be absent from his or her precinct during the time of the primary or election in which he or she desires to vote; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he or she desires to vote; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election;

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(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. REVENUE AND TAXATION SPECIFIC, BUSINESS, AND OCCUPATION TAXES; EXTENSIVE REVISION OF GENERAL PROVISIONS. Code Title 48, Chapter 13, Article 1 Revised. No. 297 (House Bill No. 175). AN ACT To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to repeal provisions relating to occupation taxes and regulatory fees; to revise extensively provisions relating to occupation taxes and regulatory fees; to provide that certain transfers between or among wholly owned partnerships or other entities and proceeds from sales to customers outside the state shall not be gross receipts; to clarify the definition of the term location or office; to define an employee; to clarify that local governments are not required to levy occupation taxes and regulatory fees; to authorize local governments to provide by local ordinance or resolution for requiring information regarding the site of any location or office and payment of occupation taxes or regulatory fees to other local governments; to change provisions relating to public hearings; to prohibit differential regulatory fees for businesses which do not have a location within the geographical jurisdiction of a local government; to clarify that no local government is authorized to use regulatory fees as a means of raising revenue for general purposes; to provide that all businesses or practitioners shall be classified by the same criterion or combination of criteria; to permit the use of more than one criterion for classification; to allow a flat fee classification; to change the method of computing the number of employees; to permit the use of more than one rate of taxation within the same profitability classification; to permit the use of more than one rate of taxation per employee; to prohibit a taxation rate greater than the rate applied to the same dollar range of gross receipts in another classification which includes a business with a higher profitability ratio; to provide for tax credits; to provide an illustrative list of exemptions, reductions, and credits;

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to prohibit fees for the cost of ascertaining whether a business has paid occupation tax to another local government; to exempt nonprofit organizations and state and local authorities; to permit local governments to provide for a due date for occupation taxes and regulatory fees in the local ordinance; to provide for interest on delinquent occupation taxes, regulatory fees, and administrative fees; to provide that regulatory fees shall not be reduced for businesses commencing operation on or after July 1; to authorize local governments to allow payment of the lesser computation of taxes and fees in certain situations; to provide that counties and municipal corporations shall enact ordinances and resolutions in compliance with this Act in certain circumstances; to provide for one or more public hearings regarding the use of additional revenue in any year when revenue from occupation taxes is greater than revenue from occupation taxes in the preceding year; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SECTION 1 . Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by repealing in its entirety Article 1, relating to general provisions relative to such taxes, and inserting in lieu thereof the following: ARTICLE 1 48-13-1. As used in this chapter, the term `in towns or cities' means within one mile of villages, towns, or cities. 48-13-2. No export tax shall be imposed upon any item manufactured or produced in this state and shipped by the manufacturer or producer for sale outside the state. 48-13-3. No county, municipality, or district shall levy or collect any capitation tax whatever, except street tax. 48-13-4. (a) It shall be unlawful for the state or any county, municipality, airport authority, district, or other political subdivision to levy or collect a tax, fee, head charge, or other charge, directly or indirectly, on: (1) Persons traveling in air commerce, whether on regularly scheduled commercial airlines, chartered air flights, or in privately owned civil aircraft; (2) The carriage of persons traveling in air commerce; or

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(3) The sale of air transportation or on the gross receipts derived from air transportation. (b) This Code section shall not be construed to prohibit the state or any county, municipality, airport authority, district, or other political subdivision: (1) From levying or collecting any property, income, franchise, sale, use, or other tax otherwise authorized by law; or (2) Which owns or operates an airport from levying or collecting reasonable rental charges, landing fees, license fees, permit fees, and other service charges for the use of airport facilities and related facilities from aircraft owners, operators, persons selling or providing goods or services to the owners or operators or to the public, and others, when otherwise allowed by law. 48-13-5. As used in this article, the term: (1) `Administrative fee' means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax. (1.1) `Employee' means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099. (2)(A) `Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts;

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(iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(1), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts; and (vi) Proceeds from sales to customers outside the state. (3) `Location or office' shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. (4) `Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by a local government as a revenue-raising ordinance or resolution. (5) `Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax. (6) `Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development. 48-13-6. (a) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, the governing authority of each county is authorized but not required to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of

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professions and occupations with one or more locations or offices in the unincorporated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each county is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. The governing authority of each county is authorized to provide by local ordinance or resolution for requiring information from businesses and practitioners of professions and occupations doing business in the unincorporated part of the county regarding the site of any location or office and payment of occupation taxes or regulatory fees to other local governments and to provide for the punishment for violation of such a local ordinance or resolution. This article supersedes any provision of local law authorizing such taxes. (b) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, the governing authority of each municipal corporation is authorized but not required to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each municipal corporation is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for requiring information from businesses and practitioners of professions and occupations doing business within the corporate limits regarding the site of any location or office and payment of occupation taxes or regulatory fees to other local governments and to provide for the punishment for violation of such a local ordinance or resolution. This article supersedes any provision of local law or city charter authorizing such taxes. (c) After the effective date of this Act, any local government shall conduct at least one public hearing before adopting any ordinance or resolution regarding the occupation tax. 48-13-7. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the unincorporated part of the county for the purpose of soliciting business or serving customers or clients; or

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(2) Owns personal or real property which generates income and which is located in the unincorporated part of the county. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the corporate limits for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the corporate limits. (c) This article supersedes any provisions of local law or city charter authorizing such taxes. (d) Local governments levying occupation tax according to this Code section shall comply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a business or practitioner for purposes of this Code section shall include only those gross receipts reasonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ratios shall apply only to types of business transacted within this state. (e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the municipal corporation or county in which the largest dollar volume of business is done or service is performed by the individual business or practitioner. (f) If a business or practitioner subject to this Code section provides to the local government in this state which is authorized to levy occupation tax on such business or practitioner proof of payment of a local business or occupation tax in another state which purports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state. 48-13-8. (a) The governing authority of each county is authorized but not required to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business in the unincorporated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. Classifying businesses and practitioners of

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professions and occupations according to whether such businesses and practitioners have a location within the unincorporated part of the county and imposing and collecting differential regulatory fees on the basis of such a classification is prohibited. This article supersedes any provision of local law authorizing such regulatory fees. (b) The governing authority of each municipal corporation is authorized but not required to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. Classifying businesses and practitioners of professions and occupations according to whether such businesses and practitioners have a location within the corporate limits and imposing and collecting differential regulatory fees on the basis of such a classification is prohibited. This article supersedes any provision of local law or city charter authorizing such fees. 48-13-9. (a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government customarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare or in the course of enforcing a state or local building, health, or safety code, but no local government is authorized to use regulatory fees as a means of raising revenue for general purposes; provided that the amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. (b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited to, the following: (1) Building and construction contractors, subcontractors, and workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments;

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(10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses; (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists;

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(7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects; (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; and (20) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments. (d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments. 48-13-10. (a) In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall classify all businesses or practitioners by the same criterion or combination of criteria. To assure uniformity, each and every business and practitioner shall be classified by the same criterion or combination of criteria. The criteria used for classification shall be one or more than one of the following criteria: (1) The number of employees of the business or practitioner as computed on a full-time position basis or full-time position equivalent basis, provided that for the purposes of this computation an employee who works 40 hours or more weekly shall be considered a full-time employee and that the average weekly hours of employees who work less than 40 hours weekly shall be added and such sum shall be divided by 40 to produce full-time position equivalents;

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(2) Profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; (3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; or (4) A flat fee classification which is applied uniformly to all businesses and practitioners of professions and occupations, so that each business or practitioner pays the same amount of tax for each office or location. (b) Local governments which classify businesses and practitioners by the criterion described in paragraph (3) of subsection (a) of this Code section are authorized but not required to limit the geographic area in which gross receipts shall be taxed to that local government's jurisdiction. (c) Local governments which classify by the criteria described in paragraph (2) or (3) of subsection (a) of this Code section shall rank the businesses and practitioners according to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish profitability classifications which do not overlap before setting one or more rates of taxation for each classification. Such local governments are not authorized to apply to any classification a rate of taxation greater than the rate applied to another classification which includes a business or practitioner with a higher profitability ratio, except that local governments are authorized but not required to apply different rates of taxation within the same profitability classification by dollar range of gross receipts. Local governments using such different rates of taxation within the same profitability classification shall use the same dollar ranges of gross receipts for each profitability classification and shall not apply to any business or practitioner a rate of taxation greater than the rate applied to the same dollar range of gross receipts in another classification which includes a business or practitioner with a higher profitability ratio. (d) Local governments which classify by the criterion described in paragraph (1) of subsection (a) of this Code section are authorized but not required to adopt more than one rate of taxation per employee. (e) The occupation tax may include an administrative fee. (f) (1) Notwithstanding any other provision of this article, local governments may by ordinance or resolution provide for an exemption

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or reduction in occupation tax or a credit against occupation tax owed to one or more types of businesses or practitioners of occupations or professions as part of a plan for economic development or attracting, encouraging, or maintaining selected types of businesses or practitioners of selected occupations or professions. Such exemptions or reductions in occupation tax shall not be arbitrary or capricious. (2) Exemptions or reductions in occupation tax pursuant to paragraph (1) of this subsection may include but shall not be limited to the following: (A) Absolute dollar amount limitations on the total amount of tax, either by criterion or combination of criteria used for classification or for businesses and practitioners, provided that a jurisdiction which provides an absolute dollar amount limitation on the total amount of tax shall levy and collect such maximum tax only once on each business entity or practitioner even if a business or practitioner has more than one office or location within the jurisdiction; (B) Tax credits for the retention or creation of jobs, or for jobs of a specific description, including but not limited to entry level jobs or jobs with compensation of a specified range; (C) Tax credits for other taxes paid to the local government, including but not limited to ad valorem taxes; (D) A tax exemption or a lower rate of taxation for sales to customers outside the jurisdiction of the local government; (E) A credit or rebate to businesses or practitioners who paid occupation taxes in the previous year; (F) A limitation on the dollar or percentage amount of increase in tax from a base year to a subsequent year, provided that the limitation is made applicable to new businesses or practitioners by imputing the gross receipts, profitability ratio, or number of employees of the subsequent year to the base year in calculating tax for the base year, tax for the subsequent year, and the increase in tax; and (G) A credit or reduction as an adjustment for seasonal fluctuations in the number of employees, other fluctuations in the number of employees, increases or decreases in the number of employees, or temporary employees. (g) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupation tax one of the following: (1) The occupation tax resulting from application of the other provisions of this article; or

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(2) A fee to be set by the local government, not to exceed $400.00 per practitioner who is licensed to provide the service, such tax to be paid at that practitioner's office or location; provided, however, that a practitioner paying according to this paragraph shall not be required to provide information to the local government relating to the gross receipts of the business or practitioner. 48-13-11. In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall not use the following criteria or methods: (1) Dividing a business into its constituent parts and imposing a separate occupation tax on each part or portion of the business, except that businesses or practitioners with more than one type of activity or product shall be taxed in accordance with Code Section 48-13-12; (2) The size or square footage of the space occupied by the business or practitioner; or (3) Any criterion other than those described in Code Section 48-13-10. 48-13-12. For businesses or practitioners with more than one type of service or product, the following classification rules shall apply: (1) Local governments which do not use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner for occupation tax purposes according to the dominant service or product, unless such local governments use only the criterion described in paragraph (4) of subsection (a) of Code Section 48-13-10; and (2) Local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall set out in their local ordinances or resolutions for occupation taxes whether the local government will: (A) Classify the entire gross receipts by dominant service or product; or (B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of the gross receipts according to the profitability ratio for that particular type of business and adding the tax for all portions to arrive at the total occupation tax.

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48-13-13. Local governments are not authorized to: (1) Require a business or practitioner to pay more than one occupation tax for each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12; (2) Levy occupation tax on more than 100 percent of the total gross receipts of the business or practitioner; when occupation taxes of all local governments are added together; (3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state; (4) Require the payment of a fee by whatever name in any amount by a business or practitioner for the cost of ascertaining whether such a business or practitioner has paid occupation tax to another local government; or (5) Levy any occupation tax, regulatory fee, or administrative fee on any state or local authority or nonprofit organization. 48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts as defined in paragraph (2) of Code Section 48-13-5 of the business or practitioner for occupation tax purposes in accordance with one of the following methods: (1) Where the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufactured in that location or office or service provided for compensation in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or (2) Where the dollar amount of gross receipts cannot reasonably be allocated among multiple locations or offices, the total gross receipts shall be divided by the number of locations or offices of the business or practitioner, and an equal percentage of the total gross receipts of

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the business or practitioner shall be allocated to each location or office. (b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments. (d) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occupation tax. 48-13-15. (a) Except as provided in subsection (c) of this Code section, information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosuer under Article 4 of Chapter 18 of Title 50. (b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor. (c) Information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining

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the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax. 48-13-16. (a) The following businesses or practitioners shall be excluded from occupation tax, registration fees, or regulatory fees under the provisions of this article but shall be subject to taxation and regulation as otherwise provided by general law and municipal charters: (1) Those business regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and (3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. (b) This article shall not be construed to repeal other provisions of general law relating to local governments' occupation tax, registration fees, or regulatory fees for businesses or practitioners of professions or occupations. 48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associated brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its

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corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county. 48-13-18. (a) When otherwise authorized by law to levy occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy the taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code section shall not be construed to repeal any express limitations on such municipal authority contained in general law. (b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission of this state. 48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of the municipality. (b) Nothing contained in this Code section shall be construed to prohibit a municipality, when otherwise authorized, from levying any form of tax being levied by any municipality in this state on January 1, 1980. 48-13-20. All license fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on January 1, or such other date specified in the local government ordinance imposing the fees and taxes. In the event that any person commences business on any date after January 1 in any year or after the date specified in the local government ordinance imposing the fees and taxes, the tax shall be due and payable on the date of the commencement of the business. 48-13-21. (a) Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 percent of the tax or fee due. (b) Local governments are authorized to provide in their ordinances for interest on delinquent occupation taxes, regulatory fees, and administrative fees at a rate not to exceed 1.5 percent per month.

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48-13-22. When any person commences business on or after July 1 in any year, the business or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (e) of Code Section 48-13-10 shall not be reduced. 48-13-23. Each person subject to any special or occupation tax who is also licensed by the state shall post the state license in a conspicuous place in the licensee's place of business and shall keep the license there at all times while the license remains valid. 48-13-24. In any provision of this chapter where population controls the amount of tax or license fee to be paid, the most recent United States decennial census shall govern. 48-13-25. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges due him or her as though he or she had never defaulted in the payment of the tax. 48-13-26. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due. (b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by

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refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section. 48-13-27. (a) The governing authority of any county or municipal corporation which enacted an ordinance or resolution relating to occupation taxes or regulatory fees pursuant to the provisions of this article and other general law effective January 1, 1995, which ordinance or resolution is in effect on the effective date of this Act, shall enact an ordinance or resolution in compliance with the provisions of this article, on or after the effective date of this Act. (b) Subsection (a) of this Code section shall not impair the right of any county or municipal corporation: (1) To determine the content of such an ordinance or resolution relating to occupation taxes or regulatory fees, provided that such ordinance or resolution complies with general law; and (2) To elect not to impose occupation taxes or regulatory fees. 48-13-28. In any year when revenue from occupation taxes is greater than revenue from occupation taxes for the preceding year for a local government, the local government shall hold one or more public hearings as a part of the process of determining how to use the additional revenue. SECTION 2 . If a local government repeals, amends, or revises its ordinance or resolution relating to occupation taxes or regulatory fees during the tax year 1995, such a local government is authorized but not required to allow by ordinance or resolution businesses and practitioners of professions and occupations to pay for the tax year 1995 the lesser of: (1) Taxes and fees computed in accordance with the ordinance or resolution which was in effect on January 1, 1995; or (2) Taxes and fees computed in accordance with the ordinance or resolution which became effective after the effective date of this Act but before January 1, 1996. 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 11, 1995.

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GAME AND FISH HUNTING; SMALL GAME; FEDERALLY APPROVED NONTOXIC SHOT. Code Section 27-3-4 Amended. No. 298 (House Bill No. 274). AN ACT To amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide for the use of federally approved, nontoxic shot; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following: (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 rimfire firearms, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species; SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. INSURANCE CREDIT INSURANCE; NONRECORDING INSURANCE; NONLICENSING INSURANCE; VENDORS' SINGLE INTEREST INSURANCE; TERMS DEFINED; FILINGS AND DATA; LIMITED LICENSES FOR CERTAIN LINES OR SUBLINES. Code Sections 33-7-3 and 33-23-12 Amended. Code Section 33-9-21.1 Enacted. No. 299 (House Bill No. 330). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for

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nonrecording or nonfiling insurance; to provide that data for nonrecording or nonfiling insurance and vendors' single interest insurance shall be filed and maintained separately to facilitate the handling of form and rate filings; to provide for the issuance of agent's licenses for persons writing credit insurance; to provide for educational and other requirements for such licenses; to provide for matters relative to the foregoing; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (10) and (11) of Code Section 33-7-3, relating to the definition of casualty insurance, and inserting in lieu thereof new paragraphs (10) through (13) to read as follows: (10) Entertainments insurance, which is insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation of such event or exhibition due to death, accidental injury, or sickness of performers, participants, directors, or other principals; (11) Miscellaneous insurance, which is insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this title, if the insurance is not disapproved by the Commissioner as being contrary to law or public policy; (12) Nonrecording insurance or nonfiling insurance, which is insurance utilized in connection with credit transactions in lieu of the actual recording, filing, or releasing of a security instrument or financing statement. The premium charge for this insurance may not exceed the actual official fees which would be payable to file, record, or release a security instrument or financing statement. This insurance provides coverage for any loss or potential loss caused by any means whereby the creditor is prevented from obtaining possession of the covered property, enforcing its rights under a security agreement, or of obtaining the proceeds to which it is entitled under the security agreement. Nothing shall prohibit nonrecording insurance or nonfiling insurance from being incorporated, by endorsement or rider, into a vendor's single interest policy or a similar type of policy; and (13) Vendors' single interest insurance, which is insurance securing the interest of a creditor as respects potential loss relative to tangible property used as a collateral on credit transactions. Such insurance may include, but is not limited to, the following coverages: vandalism

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and malicious mischief, flood, collapse, alteration, skip, conversion, concealment, nonrecording insurance, misrepresentation, and embezzlement. SECTION 2 . Said title is further amended by adding immediately following Code Section 33-9-21, relating to the maintenance and filing of rates, rating systems, rating plans, or underwriting rules and the examination of claim reserves practices by the Commissioner, a new Code Section 33-9-21.1 to read as follows: 33-9-21.1. In order to facilitate the handling of form and rate filings of certain types of miscellaneous casualty insurance which prior to July 1, 1995, has been filed generally under paragraph (11) of Code Section 33-7-3, the following types of casualty insurance shall be filed separately and data relative to such types of insurance shall be maintained separately: (1) Nonrecording insurance or nonfiling insurance; and (2) Vendors' single interest insurance. SECTION 3 . Said title is further amended by striking Code Section 33-23-12, relating to the issuance of limited licenses for specific lines or sublines of insurance, and inserting in lieu thereof a new Code Section 33-23-12 to read as follows: 33-23-12. (a) Except as provided in subsection (b) of this Code section for credit insurance licenses, the Commissioner may provide by rule or regulation for licenses of agents or subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such limited license may be issued without requiring the applicant to hold an agent's license. (b) (1) Licenses shall be issued to individual persons for the purpose of writing credit insurance as provided in this subsection. Applicants must be sponsored by an insurer authorized to write credit insurance in this state, and the applicant must certify that he or she has read and understands the provisions of this title and regulations promulgated pursuant to this title which are pertinent to credit insurance in this state. (2) No prelicensing education or prelicensing examination shall be required for issuance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects.

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(3) The lines or sublines of insurance included in the scope of authority of credit insurance licenses issued under this Code section, whether issued as an agent or subagent license, shall include, but not be limited to, the following: (A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. LOCAL GOVERNMENT DEVELOPMENT AUTHORITIES; DISPOSITION OF REAL PROPERTY TO THE STATE; POWERS AND LIMITATIONS. Code Section 36-62-6 Amended. No. 300 (House Bill No. 363). AN ACT To amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to powers of development authorities, so as to provide for additional powers with respect to the disposition of real property to the state; to provide for limitations; 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 36-62-6 of the Official Code of Georgia Annotated, relating to powers of development authorities, is amended by striking paragraph

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(7) and inserting in its place new paragraphs (7) and (7.1) to read as follows: (7) Except as otherwise provided in paragraph (7.1) of this Code section, to dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority if the board of directors of the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of trade, commerce, industry, and employment opportunities; (7.1) Notwithstanding any other provision of this chapter to the contrary, to dispose of any real property for fair market valuer or any amount below fair market value as determined by the board of directors of the authority, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority if the board of directors of the authority prior to such disposition shall determine that such real property no longer can be used advantageously as a project for the development of trade, commerce, industry, and employment opportunities and if title to such real property is to be transferred to the state; 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 11, 1995. PROFESSIONS AND BUSINESSES USED MOTOR VEHICLE DEALERS' AND USED MOTOR VEHICLE PARTS DEALERS' REGISTRATION ACT ENACTED; CERTAIN PROVISIONS RELATING TO REGULATION OF USED MOTOR VEHICLE PARTS DEALERS, DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REPEALED; ACT NO. 1157, GA. L. 1994, P. 1060 (APPROVED APRIL 13, 1994) REPEALED. Code Title 43, Chapter 47 Revised. Code Title 43, Chapter 48 Repealed. No. 301 (House Bill No. 335). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to

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the regulation and licensure of persons dealing in used motor vehicles and used motor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers; to provide for the membership, powers, duties, and operation of the board; to provide for divisions of the board and their membership, powers, duties, and operations; to require licensure; to provide for requirements for licensure; to provide for regulation of operations of licensees and for prohibited activities by licensees and other persons; to provide licensing sanctions, administrative penalties, civil penalties, and criminal penalties; to provide for rules and regulations; to provide for continued viability of former rules and regulations; to provide for transitional provisions; to repeal certain specific laws; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 47, relating to regulation of used car dealers, and inserting in its place a new Chapter 47 to read as follows: CHAPTER 47 43-47-1. This chapter shall be known as the `Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act.' 43-47-2. As used in this chapter, the term: (1) `Board' means the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. (2) `Dismantler' means any person, partnership, limited liability company, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. Without limiting any of the foregoing, for the purposes of this chapter, a person, partnership, limited liability company, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he, she, or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles awaiting repairs being held by a repair business, or vehicles being held for other reasons as may be prescribed by the board.

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(3) `Established place of business' means a salesroom or sales office in a building or on an open lot of a retail used car dealership or at which a permanent business of bartering, trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on, or the place at which the books, records, and files necessary to conduct such business are kept. Each such place of business shall be furnished with a working telephone listed in the name of the licensee for use in conducting the business and shall be marked by an appropriate permanent sign as prescribed by the appropriate division under this chapter. (4) `Financial institution' means a finance company or a banking institution or any subsidiary of a finance company or banking institution which engages solely in the financing or leasing of motor vehicles. Such term shall not mean a pawnbroker as such term is defined in Code Section 44-12-130. (5) `Licensee' means any person who is required to be licensed or who is actually licensed under this chapter. (6) `Major component part' means one of the subassemblies of a motor vehicle as defined in paragraph (9) of Code Section 40-3-2. (7) `Motor vehicle' or `car' means every vehicle which is self-propelled and required to be registered under the laws of this state, except trackless trolleys (which are classified as streetcars), airplanes, motorboats, motorcycles, motor driven cycles, or go-carts. (8) `Motor vehicle broker' means a person who, for a commission or with the intent to make a profit or gain of money or other thing of value, negotiates or attempts to negotiate the sale of a motor vehicle on behalf of another. Such term shall not mean any person engaged in the solicitation, negotiation, or advertising of the sale of used motor vehicles or any owner of real property who allows the display of used motor vehicles on such property if the sale of such vehicles is made by a used car dealer or a financial institution. (9) `Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap. (10) `Person' means any individual, partnership, limited liability company, firm, association, corporation, or combination of individuals of whatever form or character. (11) `Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles.

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(12) `Salvage dealer' means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage. (13) `Salvage pool' or `salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers. (14) `Salvage vehicle' means any vehicle which: (A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration would require the replacement of two or more major component parts; (B) Has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim, excluding recovered total theft vehicles which do not require the replacement of two or more major component parts for restoration; or (C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (15) `Scrap vehicle' means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (16) `Used motor vehicle' or `used car' means any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new motor vehicle dealer or a used motor vehicle dealer and which is the subject of a retail sale to a consumer for his or her own use or of a resale to another licensed dealer. (17) (A) `Used motor vehicle dealer', `used car dealer,' or `licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing

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of value, shall be deemed a licensee for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to be a used motor vehicle dealer or used car dealer for the purposes of this chapter. Without limiting any of the foregoing, the sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring him or her under the licensing requirements of this chapter. (B) `Used motor vehicle dealer' or `used car dealer' does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer; (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Evidence of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Financial institutions when the financial institution sells its repossessed or leased motor vehicles. Finance companies, for purposes of this chapter, shall not include a pawnbroker as defined in Code Section 44-12-130; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance;

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(vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (i) through (vii) of this subparagraph, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which have not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter; or (ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique automobiles, classic automobiles, and automobiles sold solely as speculative investments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evidence. (18) `Used motor vehicle parts dealer' or `used parts dealer' means any person, partnership, limited liability company, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer. 43-47-3. (a) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. The board shall be comprised of 15 members: (1) Three members shall be independent used car dealers; (2) Three members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; (3) The director of the Motor Vehicle Division of the Department of Revenue, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (4) The administrator of the Fair Business Practices Act, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (5) One member shall be a representative of the automobile auction industry; (6) One member shall be an auto salvage pool operator; (7) Two members shall be used motor vehicle parts dealers who are not rebuilders;

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(8) One member shall be a rebuilder; (9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in the business of pawning automobile titles and is licensed as a used car dealer; and (10) One member shall be a representative of the automobile insurance industry. (b) The members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8), (9), and (10) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1995, or as soon thereafter as appointed. The initial terms of those 13 appointed members shall expire as follows: three on June 30, 1996; three on June 30, 1997; three on June 30, 1998; and four on June 30, 1999. Thereafter, the appointed members of the board shall serve terms of four years. All members shall be residents of this state. No more than two of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairperson for a term of two years. The board chairperson shall not also serve contemporaneously as the chairperson of either division under this chapter. The first term as chairperson of the board shall be served by a member or members elected from either division under this chapter; thereafter, the chairperson for each succeeding term shall not be elected from the same division as that of the chairperson from the immediately preceding term. In the event a chairperson of the board is unable to complete his or her term, his or her successor for the remainder of the term shall be elected from the same division as was the chairperson who is unable to complete the term. The chairperson of the board shall be an ex officio member of both divisions under this chapter, however, the chairperson of the board shall not be counted for purposes of determining whether a quorum is present in the division meeting for the division in which he or she is not a regular member. (d) (1) The board shall be composed of two divisions, a used car division and a used parts division. (2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the director of the Motor Vehicle Division of the Department of Revenue or a designated agent, the administrator of the Fair Business Practices Act or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall

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elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the director of the Motor Vehicle Division of the Department of Revenue or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year. (4) The chairperson of the board shall determine which of the two members from the public at large will serve in the used car division and which shall serve in the used parts division. 43-47-4. The joint-secretary shall be the secretary of the board and of the divisions. He or she shall issue licenses and certificates and perform such other duties as the board or the divisions may direct to carry out this chapter. 43-47-5. The members of the board shall be reimbursed for their duties as board members and as division members as provided for in subsection (f) of Code Section 43-1-2. 43-47-6. All powers and duties under this chapter not specifically reserved to the board shall be the powers and duties of the division. The board shall have the following powers and duties: (1) To receive applications for registration of licensees and to forward them to the appropriate division; (2) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter; (3) To arrange for all new applicants to have a criminal background check, which background check shall be mandatory. The applicant's fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicant's fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check;

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(4) To publish on or before September 1 of each year an alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the same, if requested, to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state; (5) To establish a fee for a license for each principal place of business and a fee for a supplemental license for each place of business not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a licensee prior to or after the issuance of any such license; and (6) To do all other things necessary and proper to carry out the powers and duties listed in this Code section. 43-47-7. (a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the used car division as provided in this chapter. (b) It shall be unlawful for any person to operate as a used motor vehicle parts dealer in this state without first registering and obtaining a license from the used parts division as provided in this chapter. (c) It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to keep the records required to be kept by this chapter. 43-47-8. (a) Applications for a license shall be made to the board, shall contain the information required by this chapter, and shall be accompanied by the fee prescribed by the board. Each applicant for a new license shall submit to the board such information as may be required by the Georgia Crime Information Center and by the Federal Bureau of Investigation, including classifiable sets of fingerprints, an affidavit by the applicant disclosing the date and nature of any conviction for the violation of any crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, possession of a dangerous weapon, or moral turpitude, and such fees as may be set by the Georgia Crime Information Center and by the Federal Bureau of Investigation for a records check comparison by the Georgia Crime Information Center and by the Federal Bureau of Investigation. Application for a license under this chapter shall constitute consent for performance of a records check comparison. (b) A division under this chapter shall not issue or renew any license unless the applicant or holder thereof shall show that he or she

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maintains an established place of business as defined in Code Section 43-47-2. (c) All licenses issued under this chapter shall be renewable biennially. The divisions may establish continuing education requirements for license renewals. (d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the joint-secretary. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length. (e) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued. (f) Each application for a license shall also show that the licensee has obtained, or has applied for, a certificate of registration, Department of Revenue Form ST-2, commonly known as a sales tax number certificate. The board shall not renew any license unless the applicant or holder thereof shall show that he or she maintains a certificate of registration, Department of Revenue Form ST-2, under the laws of this state providing for issuance of such certificates. (g) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state and shall be payable to the Governor for the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all loss, damages, and expenses that may be sustained by such purchaser, his or her vendees, or successors in title that may be occasioned by reason of any misrepresentation, deceptive practice, or unfair practice or by reason of any breach of warranty as to such used vehicle. (h) The bond shall be in the amount of $20,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the joint-secretary by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary for the joint-secretary's approval prior to the granting of a license. (i) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this Code section unless the appropriate division is informed

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in writing by a certified letter at least 30 days prior to the proposed cancellation. (j) If the surety or licensee cancels the bond and the licensee fails to submit, within ten days of the effective date of the cancellation, a new bond, the division may revoke his or her license. (k) Each application for a license shall show that the licensee maintains public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. Any licensee under Chapter 6 of this title shall be exempt from the requirements of this subsection. (l) Each division may authorize the joint-secretary to issue a license when he or she has received the bond required by subsection (h) of this Code section, the proof of insurance required by subsection (l) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions. 43-47-9. The licenses issued pursuant to this chapter shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his or her business; and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. In the event any such location is changed, the appropriate division shall endorse the change of location on the license without charge. 43-47-10. The board or each division may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of

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any licensee or anyone who shall assume to act in such capacity. Each division shall have power, in addition to the other powers authorized by this chapter, to revoke or to suspend a license for a specified time, to be determined in its discretion, or to invoke such other lesser sanctions, including but not limited to the imposition of fines and penalty fees, which the board is hereby authorized to create by rule, where: (1) The licensee is found by a majority of the members of the board to have committed any one or more of the following: (A) Material misstatement in an application for a license; (B) Willful and intentional failure to comply with any provisions of this chapter or any lawful rule or regulation issued by the board under this chapter; (C) Making any substantial misrepresentation; (D) Making any false promises of a character likely to influence, persuade, or induce; (E) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salespersons, advertising, or otherwise; (F) Failure to account for or to remit any moneys coming into his or her possession which belong to others; (G) Having demonstrated unworthiness or incompetency to act as a licensee in such manner as to safeguard the interest of the public; (H) Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts or practices, or untrustworthiness or incompetency to act as a licensee, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required by law or knowingly selling or offering for sale any used car on which the odometer has been tampered with to reflect lower than the actual mileage the car has been driven; (I) The intentional use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements as provided for in this chapter; (J) The commission of any crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon shall be conclusive evidence of the commission of such crime;

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(K) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's excellence or abilities; (L) The performance of any dishonorable or unethical conduct likely to deceive, defraud, mislead, unfairly treat, or harm the public; (M) The use of any false or fraudulent statement in any document in connection with the business as a licensee; (N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any of the provisions of this chapter, including but not limited to (i) the failure to maintain the certificate of registration required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter; (O) Any other conduct, whether of the same or a different character than heretofore specified, which constitutes dishonest dealing; (P) (i) Any of the following activities by an automobile auction: (I) Allowing a motor vehicle to be sold through an auction where the seller's name does not appear on the face of the title; (II) Failing to refund all of the purchase price to the buyer when the title and tag receipt are not assigned to and processed for the buyer within 21 days of the purchase; (III) Failing to make available to the board, for investigative purposes, auction records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours; (IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase; (V) Failing to include on the bill of sale any warranty disclaimer; or (VI) Accepting or delivering a certificate of title signed in blank. (ii) The provisions of this subparagraph shall not apply where: (I) The sale of the motor vehicle is not open to the general public; (II) Either the seller or purchaser of the vehicle is a licensed used car dealer;

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(III) The motor vehicle is sold as a repossessed or abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government agency or by court order. (iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag; (Q) Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chapter; in making determinations under this subparagraph, the division may look at any competent evidence, including, but not limited to, who actually directs the activities at the business and who actually receives the proceeds from the business; (R) Having purchased, concealed, possessed, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen; (S) Having failed to meet and maintain the requirements for issuance of a license as provided for in this chapter; (T) Having failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; (U) Having willfully failed to keep or maintain the records required to be kept by this chapter; or (V) Having failed to include the number of their license under this chapter in any and all advertising for the business conducted under the license; or (2) A majority of the members of the division find that the licensee failed to establish, maintain, or monitor procedural safeguards to ensure that the following activities do not occur at the business, regardless of whether the licensee had actual knowledge of any such activity or activities or regardless of whether there was an intent on the part of any person to engage in any such activity or activities; (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975'; (B) Any of those activities described in paragraphs (1) through (5) of Code Section 40-3-90; or (C) Failure to obtain a certificate of title for a purchaser.

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43-47-11. Except as provided in subsection (m) of Code Section 43-47-8 no license shall be suspended or revoked without a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-47-11. As provided by law, every licensee who transfers a used motor vehicle title within this state shall register with the state revenue commissioner, making application for a dealer's registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealer's registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates. 43-47-12. (a) Every licensee shall maintain for three years a record of: (1) Every vehicle, vehicle body, chassis, or major component part of or for a vehicle received or acquired by him or her; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person from whom received or acquired; provided, however, that, in the event such purchase or acquisition is from a used car dealer or from a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the seller is registered under this chapter; (2) Every vehicle, vehicle body, chassis, or major component part disposed of by him or her; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license number or social security number of the person to whom disposed; provided, however, that, in the event such disposal is to a used car dealer or to a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the purchaser or acquirer is registered under this chapter; (3) Every vehicle wrecked, dismantled, or crushed by him or her and the date of its wrecking or dismantling; and (4) Any other records which the appropriate division may reasonably require to protect the public, as relating to the licensee's method of operation and personnel employed. (b) The possession of motor vehicles or parts covered by this chapter shall be prima-facie evidence that they were purchased for the purpose of resale. 43-47-13. Nothing in this chapter shall prohibit any lawful regulation or licensing of licensees by any municipality, county, or other political subdivision of

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this state; provided, however, that no such political subdivision shall license any licensee required to be registered by this chapter unless such licensee is properly licensed under this chapter. 43-47-14. Each division or the board may impose a fine not to exceed $500.00 for each violation of any provision of this chapter. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the appropriate division or a representative of the division unless the licensee requests in writing a hearing before the division. Such request for a hearing must be received by the division within 30 days after receipt of the written notification from the division. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing by the board to determine whether revocation or other disciplinary action should be imposed on the licensee. 43-47-15. Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the `Motor Vehicle Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehicles, and shall comply with any rules and regulations adopted by the state revenue commissioner pursuant to this chapter. 43-47-16. All licensees under this chapter who operate salvage pools shall furnish to any person who purchases a motor vehicle the make, model, year, body style, and vehicle identification number of the particular vehicle sold. In the event that the operator of a salvage pool is an insurance company, the claim number of the vehicle shall be furnished to the purchaser in addition to the other required information. 43-47-17. Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board, to either division, or to any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his or her principal place of business, or any additional place of business, at any reasonable time during the day or night during reasonable business hours. 43-47-18. Except in the case of no more than two used motor vehicles for sale on residential property, inspectors and investigators for the divisions or for

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the board or any local or state police officials may cause to have impounded by a private towing company any used motor vehicle which is displayed for sale at an unlicensed facility; provided, however, that the owner shall be notified either in person or by registered mail prior to the impounding of a used motor vehicle. A vehicle shall be considered to be displayed for sale when a reasonable person would perceive that the vehicle is for sale without having to inquire whether the vehicle is for sale. The owner of the vehicle shall be responsible for all charges incurred in the towing and storage of such vehicles. In no event shall the state, its agencies, its employees, or any local or state police agencies or officials incur any liability for anything growing out of the towing of such vehicles. Notwithstanding anything to the contrary contained in this Code section, any person may sell any vehicle where the county or municipal government has issued a permit to sell the vehicle, provided that the seller has demonstrated to the county or municipality that the title to the vehicle is in the seller's name. Each such permit shall be limited to the specific vehicle for which it was issued. No individual shall apply for nor receive more than three such permits within a one-year period. It shall not be a defense against paying the charges incurred in the towing and storage of vehicles that the vehicle was permitted unless the permit was prominently displayed on the vehicle at the time it was towed. The county or municipal government may impose reasonable fees for the issuance of such permits. 43-47-19. No licensee, except any licensed auto auction or salvage pool selling at its regular place of business, shall sell any used motor vehicle on a consignment basis unless the licensee places his or her name on the title at the time of sale and complies with all other applicable laws. 43-47-20. It is the intent of the General Assembly that all parts of rules properly adopted under this chapter and Chapter 48 of this title prior to July 1, 1995, which do not conflict with this chapter shall be valid until such time as they are repealed, revised, amended, or otherwise changed under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-47-21. (a) Any person, regardless of whether that person is a licensee or not, who commits or causes to be done any act that violates this chapter or fails to do any act or causes to be omitted any act that is required by this chapter shall be subject to a civil penalty not to exceed $3,000.00 for each violation. A violation of this chapter shall, for the purposes of this Code section, constitute a separate offense as to any motor vehicle or motor vehicle part; and each day during which any person offers for sale, sells, trades, transfers, or disposes of used motor vehicles or used motor

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vehicle parts without being licensed pursuant to this chapter shall constitute a separate offense. (b) The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the division, the board, the Attorney General, or any district attorney, solicitor, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided, however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or municipality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the consumer by the defendant. (c) Any person damaged by a violation of this chapter may bring an action against the person committing the violation, regardless of whether that person is a licensee, in any superior court of competent jurisdiction to recover actual, consequential, and punitive damages, attorneys' fees, and court costs. (d) Any person who is already licensed under this chapter or its predecessor or under former Chapter 48 of this title who will be required as a result of this chapter to make changes in his or her business operations will not be required to make such changes until such time as he or she is required to renew his or her license. Any such changes shall have been completed prior to the granting of any renewal license. 43-47-22. Any person, firm, or corporation who violates this chapter shall be guilty of a misdemeanor. In addition to such criminal penalty, the board may bring an action to enjoin any violation, actual or threatened, of this chapter notwithstanding the existence of an adequate remedy at law. SECTION 2 . Said Title 43 of the Official Code of Georgia Annotated is further amended by repealing in its entirety Chapter 48, relating to regulation of used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers. SECTION 3 . (a) The following Act is repealed in its entirety: the Act titled An Act amending Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Said Act was approved by the Governor on

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April 13, 1994, and is set out at Ga. L. 1994, p. 1060. Said Act was by its terms to take effect July 1, 1995, but is hereby repealed in its entirety and shall not take effect. (b) This Section 3 of this Act shall take effect upon approval of this Act by the Governor or upon this Act's otherwise becoming law without such approval. SECTION 4 . Except as otherwise provided in this Act, this Act shall become effective July 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. INSURANCE ACCIDENT AND SICKNESS POLICIES; COVERAGE FOR CERTAIN BONE MARROW TRANSPLANTS. Code Section 33-29-3.3 and 33-30-4.4 Enacted. No. 302 (House Bill No. 369). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers issuing individual and group accident and sickness policies shall be required to make available coverage for bone marrow transplants for treatment of breast cancer and Hodgkin's disease; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting a new Code Section 33-29-3.3 to read as follows: 33-29-3.3. (a) Every insurer authorized to issue individual accident and sickness insurance 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 on or after July 1, 1995, coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan,

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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. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to bone marrow transplants for the treatment of breast cancer and Hodgkin's disease unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (c) 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 individual accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an individual 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. (d) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policholder does not purchase the optional coverage made available pursuant to this Code section. (e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity. SECTION 2 . Said title is further amended by inserting a new Code Section 33-30-4.4 to read as follows: 33-30-4.4. (a) Every insurer authorized to issue group 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,

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delivered, issued for delivery, or renewed on or after July 1, 1995, coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease. Such 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 the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to bone marrow transplants for the treatment of breast cancer and Hodgkin's disease unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (c) 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 group accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue a group 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. (d) The requirements of this Code section shall be satisfied if the coverage specified in subsections (a) and (b) of this Code section is made available to the master policyholder of the group 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 to make available such coverage to any insured under such group or blanket plan, policy, or contract. (e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease 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) The provisions of this Code section shall also apply to group accident and sickness insurance policies or contracts issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit

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medical service corporation, a health care plan, a health maintenance organization, or any other similar entity. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. CONSERVATION AND NATURAL RESOURCES COASTAL MARSHLANDS; LEASING OF STATE-OWNED MARSHLAND FOR MARINAS OR DOCKS; FEES; PERMITS; NONDISCRIMINATION REQUIREMENTS; APPLICABILITY OF CERTAIN PROVISIONS. Code Sections 12-5-287 and 12-5-295 Amended. No. 303 (House Bill No. 389). AN ACT To amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to provide that the Coastal Marshalands Protection Committee shall be authorized to approve the lease of state-owned marshland or water bottoms for marinas or docks providing over 500 linear feet of dock space; to provide additional considerations for granting such leases; to provide for rental fees and the payment of the same; to provide for certain existing permits; to provide that lessees shall not discriminate against persons on certain grounds; to provide for an exemption from the provisions of such part; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 4 of Article 4 of Chapter 5 Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, is amended by striking in its entirety Code Section 12-5-287, relating to the leasing of state owned marshland or water bottoms, and inserting in lieu thereof the following: 12-5-287. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas or dock providing more than 500 linear feet of dock space, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks,

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floating docks, marine railways, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment of the public of any navigable waters upon or over the leased property. The applicant for any such lease shall inform the committee of the total linear footage of dock space proposed, but the final decision as to the total dock space available to moor boats shall be in the sound discretion of the committee. (b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. The committee must also determine whether or not the applicant has sufficient lands properly to service the area to be leased. If the committee determines that the applicant is an eligible person and that sufficient lands exist to service the marina or dock, then the committee is authorized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid. (c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include all of the information required for a permit under this part. The entire application must be in a form acceptable to the committee. (d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (g) and (h) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (g) and (h) of this Code section, shall require the payment of an annual rental fee set by the committee which shall be not less than the fair market rental value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term. Rental fees shall be paid in one installment to the department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the cancellation of the lease. (e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's eligibility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land may assign their rights in

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writing in favor of the applicant and such written assignment may be used to determine the percentage of landward boundary required for eligibility to lease the state owned marshland and water bottoms described in the application. (f) If the eligible person desires the ability to transfer or convey ownership interests in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the formation of a condominium pursuant to Code Section 44-3-72. (g) Upon application of any eligible person who either is the owner of a marina in existence on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an application for a permit filed with the committee prior to March 1; 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section; and provided, further, that any such application made on or after January 1, 1999, shall be subject to the provisions of subsection (d) of this Code section. (h) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state owned marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the entire term. (i) The department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairperson of the House Natural Resources and Environment Committee, the chairperson of the House Committee on State Institutions and Property, the chairperson of the Senate Natural Resources Committee, and the chairperson of the Senate Committee on State and Local Governmental Operations. (j) The committee may place such terms, limitations, restrictions, and conditions in such leases as are deemed necessary to ensure that the utilization of the property is in the public interest. Leased areas shall be deemed to be areas where resources are managed by the state and lessee for the protection of wildlife and other natural resources.

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(k) The committee may designate staff of the department to act on its behalf to evaluate, enforce, and execute leases issued under this part. (l) A lease granted under this part shall be issued only to applicants who agree not to discriminate against any person on the basis of race, gender, color, national origin, religion, or disability. Discrimination by lessee may be punished by termination of the lease, by injunction, or by any other legal remedy available to the committee. SECTION 2 . Said part is further amended by striking the word or at the end of paragraph (6) of Code Section 12-5-295, relating to the applicability of such part; by striking the symbol . at the end of paragraph (7) of such Code section and inserting in lieu thereof the symbol and word ; or; and by inserting at the end of such Code section the following: (8) The reclamation of manmade boat slips as a part of any publicly funded construction project and ancillary development projects including, without limitation, hotels, restaurants, retail facilities, and recreational facilities, whether public or private, within any industrial areas continued in existence pursuant to Article XI, Section I, Paragraph IV, subparagraph (d) of the Constitution which are wholly contained on an island. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. REVENUE AND TAXATION TEMPORARY SUSPENSION OF STATE AND LOCAL TAXES ON CERTAIN IMPORTS CONNECTED WITH XXVI SUMMER OLYMPIAD OR 1996 ATLANTA PARALYMPIC GAMES. Code Section 48-1-10 Enacted. No. 304 (House Bill No. 398). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Public Revenue Code, so as to provide for the temporary suspension of all applicable state and local taxes on certain articles, effects, equipment, or materials imported into this state in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games; to provide for procedures, qualifications, and limitations in connection therewith; to provide for powers, duties, and authority of the state revenue commissioner with respect to the

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foregoing; to provide for automatic repeal of such provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Public Revenue Code, is amended by adding immediately following Code Section 48-1-9 a new Code section to be designated Code Section 48-1-10 to read as follows: 48-1-10. (a) Notwithstanding any contrary provisions of this title or any other law, during the period beginning April 1, 1996, and ending October 1, 1996, the following effects, articles, equipment, and materials not intended for sale or distribution to the public shall be free of all state and local taxes which may be otherwise applicable: (1) Personal effects of aliens who are participants in, officials of, or accredited members of delegations to the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games; (2) Personal effects of persons who are immediate family members of or servants to any of the persons listed in paragraph (1) of this subsection; (3) Equipment and materials imported in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games by or on behalf of the persons listed in paragraph (1) of this subsection; (4) Articles to be used in exhibitions depicting the culture of a country participating in the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games; and (5) Such other similar articles as the commissioner may allow by rule or regulation. (b) Any effects, articles, equipment, or materials which initially qualify for and receive the exemption provided for in this Code section must be accounted for in a manner satisfactory to the commissioner which shows that any such item or items which are unused have been exported upon such person's departure from this state, otherwise the exemption provided for in this Code section shall not apply to such article, effect, equipment, or material. (c) This Code section shall be automatically repealed on December 31, 1996. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995.

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GAME AND FISH FEEDING WILD ALLIGATORS PROHIBITED; PENALTIES. Code Section 27-3-170 Enacted. No. 305 (House Bill No. 401). AN ACT To amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife, generally, so as to provide that it shall be unlawful to feed wild alligators; to provide a penalty; 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 inserting at the end thereof the following: Article 7 27-3-170. (a) It shall be unlawful for any person to willfully feed or bait any wild alligator not in captivity. For purposes of this Code section, willfully tossing any food item edible by alligators to or in the vicinity of a live alligator or willfully leaving any such item in or near the water where an alligator is known to frequent shall constitute willfully feeding or baiting a live alligator. (b) Violation of this Code section shall constitute a misdemeanor and upon conviction a violator shall be punished by a fine not to exceed $200.00 or confinement for not over 30 days, or both. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. LOCAL GOVERNMENT LOCAL GOVERNMENT EFFICIENCY ACT AMENDED; CERTAIN TERMS DEFINED; LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM ESTABLISHED; RULES AND REGULATIONS. Code Sections 36-86-3 and 36-86-4 Amended. No. 306 (House Bill No. 553). AN ACT To amend Chapter 86 of Title 36 of the Official Code of Georgia Annotated, the Local Government Efficiency Act, so as to revise the

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provisions of said Act; to redefine a certain term; to provide for a local government efficiency grant program and the use of such grants; to provide for rules and regulations and the manner of their promulgation; 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 86 of Title 36 of the Official Code of Georgia Annotated, the Local Government Efficiency Act, is amended by striking in their entirety Code Sections 36-86-3, relating to definitions, and 36-86-4, relating to grants, and inserting in lieu thereof new Code Sections 36-86-3 and 36-86-4 to read as follows: 36-86-3. As used in this chapter, the term: (1) `Local government unit' includes each county in the state, each municipality in the state, each consolidated government in the state, and each local authority in the state which operates any local government service delivery program but does not include local school systems. (2) `Service' or `local government service' includes any and all services provided by a local government unit, including but not limited to the following: (A) Law enforcement; (B) Fire protection and fire safety; (C) Road and street construction and maintenance; (D) Public transportation; (E) Water supply and distribution; (F) Waste-water, sewage, and storm-water collection and disposal; (G) Public housing; (H) Public health services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Parks and recreation systems; (K) Planning and zoning; (L) Solid waste management; and (M) Electric or gas utility services.

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36-86-4. (a) There is established within the Department of Community Affairs a local government efficiency grant program. Funds may be appropriated to such grant program by line item reference in any appropriations Act, and any funds so appropriated shall be used for the sole purpose of making grants to local governments for the following purposes: (1) Conducting efficiency assessments to determine the need for and desirability of consolidation of local government units or local government service delivery programs, including privatization of such programs, or both; (2) Planning for the consolidation of local government units or local government service delivery programs, including privatization of such programs, or both, when it has been determined that such consolidation is needed and desirable; and (3) Implementing the consolidation of local government units or local government service delivery programs, including privatization of such programs, or both, where it has been determined that such consolidation is needed and desirable and a plan has been developed for carrying out the consolidation or furthering the efficiency and effectiveness of a single consolidated local government's service delivery programs. (b) The Department of Community Affairs shall promulgate rules and regulations which shall provide for: (1) Standards and procedures for local governments to make application for local government efficiency grant funds; and (2) Standards and procedures for the awarding of local government efficiency grant funds, such standards to be consistent with the statement of legislative findings set out in Code Section 36-86-2. (c) Funds appropriated for local government efficiency grants shall be subject to normal budgetary processes and controls, including the lapsing of unexpended and uncommitted funds at the end of each fiscal year. (d) The Department of Community Affairs shall provide procedures and guidelines specifying the manner of conducting and the contents of the efficiency assessments that are authorized to be conducted under paragraph (1) of subsection (a) of this Code section. (e) The efficiency assessments shall be conducted only for the purpose of providing the local government units with the cost savings and efficiencies, if any, which could be achieved through consolidation of governmental units or service delivery programs or both. There shall be no requirement that local government units that elect to conduct an

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efficiency assessment be compelled to consolidate local government units or local government service delivery programs as a result of the findings of the efficiency assessment. (f) No local government shall be required to undertake any of the studies necessary for carrying out the provisions of subsection (a) of this Code section unless funds are appropriated for the purposes of that subsection. 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 11, 1995. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS LIMITED LIABILITY PARTNERSHIPS; VARIOUS PROVISIONS. Code Title 14 Revised. No. 307 (House Bill No. 563). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships; to provide and revise definitions; to provide for limited liability of partners in a limited liability partnership; to provide for exceptions; to conform existing law relating to liability of partners following dissolution of a partnership, relating to the property of a deceased partner, and relating to settlement of accounts between partners after dissolution; to eliminate the requirement of capital accounts or liability insurance for foreign limited liability partnerships and to conform the required submission to the Secretary of State; to authorize use of the designation LLP to signify limited liability partnership; to provide for recording a limited liability partnership election in the office of the clerk of the superior court and for procedures, fees, notice, and cancellation; to provide for legislative intent regarding recognition of limited liability partnerships outside the state and state policy that internal affairs of partnerships shall be governed by state law; to provide for changing a partner's duties by the partnership agreement and for exceptions; to provide that a foreign corporation or foreign limited liability company merging with a domestic limited partnership or limited liability company need not obtain a certificate of withdrawal in certain circumstances; to change the activities not constituting transacting business in the state for

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foreign limited partnerships and foreign limited liability companies; to change the purpose of limited liability companies; to authorize the certificate of election filed when an entity becomes a limited partnership to include the date or the date and time the change becomes effective; to authorize the articles of organization or written operating agreement to change the duties of a member; to change the circumstances under which a member who ceases to be a member of a limited liability company is entitled to receive the fair value of the member's interest; to change the circumstances relating to disassociation which cause dissolution of a limited liability company; to eliminate a prohibition against merger of a limited liability company and a corporation in certain circumstances; to change provisions relating to merger approval; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by inserting in Code Section 14-8-2, relating to definitions, a new paragraph to be designated paragraph (7.1) to read as follows: (7.1) `Limited liability partnership' means a partnership formed pursuant to an agreement governed by the laws of this state that has become a limited liability partnership under Code Section 14-8-62 and that complies with Code Section 14-8-63. SECTION 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 14-8-6, relating to the definition of partnership, and inserting in lieu thereof the following: (a) A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this state, a limited liability partnership. SECTION 3 . Said title is further amended by striking in its entirety Code Section 14-8-15, relating to liability of partners, and inserting in lieu thereof a new Code section to read as follows: 14-8-15. (a) Except as provided in subsection (b) of this Code section, all partners are jointly and severally liable for all debts, obligations, and liabilities of the partnership. (b) Subject to subsection (c) of this Code section and to any contrary agreement among the partners, a partner in a limited liability partnership

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is not individually liable or accountable either directly or indirectly by way of indemnification, reimbursement, contribution, assessment, or otherwise for any debts, obligations, or liabilities of or chargeable to the partnership or another partner, whether arising in tort, contract, or otherwise, that are incurred, created, or assumed while such partnership is a limited liability partnership, solely by reason of being such a partner or acting or omitting to act in such capacity or otherwise participating in the conduct of the activities of the limited liability partnership. (c) Subsection (b) of this Code section shall not affect the liability of a partner in a limited liability partnership or the liability of the limited liability partnership for such partner's own errors, omissions, negligence, malpractice, wrongful acts, incompetence, or misconduct. (d) A partner in a limited liability partnership is not a proper party to a proceeding if the object of the proceeding is to hold such partner liable either directly or indirectly by way of indemnification, reimbursement, contribution, assessment, or otherwise for liabilities for which such partner is not liable by reason of the provisions of this Code section. SECTION 4 . Said title is further amended by striking in its entirety paragraph (1) of Code Section 14-8-18, relating to rights and duties of partners, and inserting in lieu thereof a new paragraph to read as follows: (1) Each partner shall be repaid his or her contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and, except as provided in subsection (b) of Code Section 14-8-15, must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his or her share in the profits;. SECTION 5 . Said title is further amended by striking in its entirety Code Section 14-8-34, relating to liability of partners to copartners for actions following dissolution of partnership, and inserting in lieu thereof a new Code section to read as follows: 14-8-34. Subject to contrary agreement of the partners, each partner is liable to his or her copartners for his or her share of any liability created by any partner acting for the partnership after dissolution as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership after dissolution where: (1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution;

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(2) The dissolution being by the death of a partner, the partner acting for the partnership had knowledge or notice of the death; (3) The dissolution is not by the act or death of a partner; or (4) The liability is for a debt or obligation for which the partner is not liable as provided in subsection (b) of Code Section 14-8-15. SECTION 6 . Said title is further amended by striking in its entirety subsection (d) of Code Section 14-8-36, relating to the effect of dissolution of a partnership on the existing liability of partners, and inserting in lieu thereof a new subsection to read as follows: (d) The individual property of a deceased partner shall be liable for those obligations of the partnership incurred while the deceased partner was a partner and for which he or she was liable under Code Section 14-8-15, but subject to the prior payment of his or her separate debts. SECTION 7 . Said title is further amended by striking in their entirety paragraphs (1) and (4) of Code Section 14-8-40, relating to settlement of accounts between partners after dissolution, and inserting in lieu thereof new paragraphs to read as follows: (1) The assets of the partnership are: (A) The partnership property; (B) The contributions of the partners specified in paragraph (4) of this Code section; (4) Except as provided in subsection (b) of Code Section 14-8-15, (A) The partners shall contribute, as provided by paragraph (1) of Code Section 14-8-18, the amount necessary to satisfy the liabilities; and (B) If any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities;. SECTION 8 . Said title is further amended by striking in its entirety subsection (a) of Code Section 14-8-44, relating to the law governing foreign limited liability partnerships, and inserting in lieu thereof a new subsection to read as follows:

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(a) The laws of the jurisdiction under which a foreign limited liability partnership is organized govern its organization and internal affairs and the liability of its partners, regardless of whether the foreign limited liability partnership procured or should have procured a certificate of authority under this chapter. SECTION 9 . Said title is further amended by striking in their entirty paragraphs (7), (8), and (9) of subsection (a) of Code Section 14-8-45, relating to certificates of authority for foreign limited liability partnerships and activities not constituting transacting business in the state, and inserting in lieu thereof the following paragraphs: (7) The address of the office at which is kept a list of the names and addresses of its partners, together with an undertaking by it to keep those records until its registration in this state is canceled or revoked; and (8) The name and a business address of a partner who has substantial responsibility for managing its business activities. SECTION 10 . Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-8-48, relating to name of foreign limited liability partnership, and inserting in lieu thereof a new paragraph to read as follows: (1) Must contain the words `limited liability partnership' (it being permitted to abbreviate the word `limited' as `ltd.') or the abbreviation `L.L.P.' or the designation LLP;. SECTION 11 . Said title is further amended by inserting new Code sections to be designated Code Sections 14-8-62, 14-8-63, and 14-8-64 to read as follows: 14-8-62. (a) To become and to continue as a limited liability partnership, a partnership shall record in the office of the clerk of the superior court of any county in which the partnership has an office a limited liability partnership election. Such election shall be recorded by such clerk in a book to be kept for that purpose, which may be the book in which are recorded statements of partnership recorded pursuant to Code Section 14-8-10.1, and open to public inspection. As a prerequisite to such filing, the clerk of each such registry may collect a fee in the amount of the fee then allowed for the filing of statements of partnership. A limited liability partnership election shall state: (1) The name of the partnership, which must comply with Code Section 14-8-63;

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(2) The business, profession, or other activity in which the partnership engages; (3) That the partnership thereby elects to be a limited liability partnership; (4) That such election has been duly authorized; and (5) Any other matters the partnership determines to include therein. (b) Subject to any contrary agreement among the partners, the election shall be executed by a majority of the partners or by one or more partners authorized to execute an election. (c) A partnership becomes a limited liability partnership at the time of the recording of the election or at such later date or time, if any, as is stated in the election and continues to be a limited liability partnership until a cancellation of limited liability partnership election, which states that it has been duly authorized, is: (1) Subject to any contrary agreement among the partners, executed by a majority of the partners or by one or more partners authorized to execute such a cancellation; and (2) Recorded in the office of the clerk of the superior court of each county in which the partnership recorded a limited liability partnership election. (d) The status of a partnership as a limited liability partnership shall not be affected by changes, after the recording of a limited liability partnership election, in the information stated in the election. (e) The fact that a limited liability partnership election has been recorded as required by this Code section is notice that the partnership is a limited liability partnership. (f) If a limited liability partnership is dissolved and its business continued without liquidation of the partnership's affairs, the new partnership shall succeed to the old partnership's election to become a limited liability partnership and shall continue to be a limited liability partnership until cancellation of such election. 14-8-63. The name of a limited liability partnership shall contain the words `limited liability partnership,' it being permitted to abbreviate the word `limited' as `ltd.,' or the abbreviation `L.L.P.' or the designation `LLP' as the last words or letters of its name. 14-8-64. (a) A partnership, including a limited liability partnership, formed and existing under this chapter, may conduct its business, carry on its

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operations, and have and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or in any foreign country. It is the intent of this state that the legal existence of limited liability partnerships be recognized outside the boundaries of this state. (b) It is the policy of this state that the internal affairs of partnerships, including limited liability partnerships, formed and existing under this chapter, including the liability of partners for debts, obligations, and liabilities of partnerships, shall be subject to and governed by the laws of this state. SECTION 12 . Said title is further amended by striking in its entirety Code Section 14-9-108, relating to indemnification of partners or other persons, and inserting in lieu thereof a new Code section to read as follows: 14-9-108. (a) Subject to any limitations expressly set forth in the partnership agreement, a limited partnership may, and shall have the power to, indemnify and hold harmless any partner or other person from and against any and all claims and demands whatsoever, provided that the partnership shall not indemnify any person: (1) For intentional misconduct or a knowing violation of law; or (2) For any transaction for which the person received a personal benefit in violation or breach of any provision of the partnership agreement. This Code section shall govern limited partnerships to the exclusion of paragraph (2) of Code Section 14-8-18. (b) To the extent that, at law or in equity, a partner has duties including but not limited to fiduciary duties and liabilities relating thereto to a limited partnership or another partner: (1) The partner's duties and liabilities may be expanded, restricted, or eliminated by provisions in the partnership agreement; provided, however, that no such provision shall eliminate or limit the liability of a partner for intentional misconduct or a knowing violation of law or for any transaction for which the partner received a personal benefit in violation or breach of any provision of the partnership agreement; and (2) The partner shall have no liability to the limited partnership or to any other partner for his or her good faith reliance on the provisions of the partnership agreement, including, without limitation, provisions thereof that relate to the scope of duties including but not limited to fiduciary duties of partners.

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SECTION 13 . Said title is further amended by inserting in Code Section 14-9-206.1, relating to mergers, a new subsection to be designated subsection (g) to read as follows: (g) A foreign corporation or foreign limited liability company authorized to transact business in this state that merges with and into a domestic limited partnership pursuant to this Code section and is not the surviving entity in such merger need not obtain a certificate of withdrawal from the Secretary of State. SECTION 14 . Said title is further amended by striking in their entirety paragraphs (9), (10), (11), (12), and (13) from subsection (b) of Code Section 14-9-902, relating to certificates of authority and activities not constituting transacting business, which read as follows: (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling a subsidiary corporation incorporated in or transacting business within this state; (11) Owning or controlling a general or limited partnership organized or transacting business within this state; (12) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (13) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state., and inserting in lieu thereof new paragraphs to read as follows: (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning directly or indirectly an interest in or controlling directly or indirectly another person organized under the laws of or transacting business within this state. SECTION 15 . Said title is further amended by striking in its entirety subsection (b) of Code Section 14-11-201, relating to purposes of limited liability companies, and inserting in lieu thereof a new subsection to read as follows:

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(b) A limited liability company formed under this chapter has, unless a more limited purpose is set forth in the articles of organization or a written operating agreement, the purpose of engaging in any lawful activity. SECTION 16 . Said title is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 14-11-212, relating to the election to become a limited liability company, and inserting in lieu thereof a new paragraph to read as follows: (3) The effective date, or the effective date and time, of such election if later than the date and time the certificate of election is filed;. SECTION 17 . Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 14-11-305, relating to duties, and inserting in lieu thereof new paragraphs to read as follows: (1) A member or manager shall act in a manner he or she believes in good faith to be in the best interests of the limited liability company and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. A member or manager is not liable to the limited liability company, its members, or its managers for any action taken in managing the business or affairs of the limited liability company if he or she performs the duties of his or her office in compliance with this Code section. Except as otherwise provided in the articles of organization or a written operating agreement, a person who is a member of a limited liability company in which management is vested in one or more managers, and who is not a manager, shall have no duties to the limited liability company or to the other members solely by reason of acting in his or her capacity as a member; (3) In the instances described in paragraph (2) of this Code section, a member or manager is not entitled to rely if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (2) of this Code section unwarranted; and. SECTION 18 . Said title is further amended by striking in its entirety Code Section 14-11-405, relating to distributions upon the event of dissociation, and inserting in lieu thereof a new Code section to read as follows: 14-11-405. Except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member

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with respect to which an event of dissociation occurs (other than one of the events specified in paragraphs (1), (2), and (4) of subsection (a) of Code Section 14-11-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the member's interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company. SECTION 19 . Said title is further amended by striking in its entirety paragraph (4) of Code Section 14-11-602, relating to dissolution, and inserting in lieu thereof a new paragraph to read as follows: (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (a) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or. SECTION 20 . Said title is further amended by striking in subsection (b) of Code Section 14-11-702, relating to certificates of authority and activities not considered transacting business in this state, paragraphs (9), (10), (11), and (12), which read as follows: (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another person organized under the laws of, or transacting business within, this state; (11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state., in their entirety, and inserting in lieu thereof new paragraphs to read as follows: (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or

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(13) Owning directly or indirectly an interest in or controlling directly or indirectly another person organized under the laws of or transacting business within this state. SECTION 21 . Said title is further amended by striking in its entirety subsection (a) of Code Section 14-11-901, relating to mergers, and inserting in lieu thereof a new subsection to read as follows: (a) Pursuant to a written agreement, a limited liability company may merge with or into one or more business entities with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity. SECTION 22 . Said title is further amended by striking in their entirety subsections (a) and (c) of Code Section 14-11-903, relating to approval of mergers, and inserting in lieu thereof the following subsections: (a) A limited liability company party to a proposed merger shall have the plan of merger authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. A corporation or limited partnership party to a proposed merger shall have the plan of merger authorized and approved in accordance with the applicable chapter of this title. (c) After a merger is authorized, unless the plan of merger provides otherwise, and at any time before articles of merger (as provided for in Code Section 14-11-904) are filed by the Secretary of State, the planned merger may be abandoned (subject to any contractual rights) in accordance with the procedure set forth in the plan of merger or, if none is set forth, as follows: (1) By the unanimous consent of the members of each limited liability company that is a constituent entity, unless the articles of organization or a written operating agreement of any such limited liability company provides otherwise; (2) By each corporation and limited partnership that is a constituent entity in accordance with the applicable chapter of this title; and (3) By each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed. SECTION 23 . Said title is further amended by inserting in Code Section 14-11-905, relating to effects of merger, a new subsection to be designated subsection (d) to read as follows:

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(d) A foreign business entity authorized to transact business in this state that merges with and into a limited liability company pursuant to this chapter and is not the surviving entity in such merger need not obtain a certificate of withdrawal from the Secretary of State. SECTION 24 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. INSURANCE FINANCIAL CONDITION OF INSURERS; CERTAIN MACHINES CONSIDERED AS ASSETS. Code Section 33-10-1 Amended. No. 308 (House Bill No. 595). AN ACT To amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets to be considered in determining the financial condition of insurers, so as to provide that electronic and mechanical machines constituting a data processing, record keeping, or accounting system shall be allowed to be counted as assets under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets to be considered in determining the financial condition of insurers, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof the following: (3) Electronic and mechanical machines constituting a data processing, record keeping, or accounting system if the cost of such system does not exceed ten percent of admitted assets;. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS ENTITY DEFINED; OFFICERS; DIRECTORS; CORPORATE NAMES; VOTING SHARES; CLOSE CORPORATIONS; FOREIGN CORPORATIONS; VARIOUS RELATED PROVISIONS. Code Title 14 Amended. No. 309 (House Bill No. 670). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term entity as used in Chapter 2 of said title; to provide for indemnification of directors; to change the provisions relating to corporate names; to change the provisions relating to the voting entitlement of shares; to provide for quorums of a board of directors; to change the provisions relating to resignation and removal of officers; to change the provisions relating to removal of officers or assistant officers; to change the provisions relating to close corporations and the application of the Business Corporation Code and the Professional Corporation Act to such close corporations; to change the provisions relating to authority of foreign corporations to transact business; to change the provisions relating to withdrawal of foreign corporations; to change the provisions relating to corporate names of nonprofit corporations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraph (9) of Code Section 14-2-140, relating to definitions of terms used in the Business Corporation Code, and inserting in lieu thereof a new paragraph (9) to read as follows: (9) `Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; and state, United States, and foreign government. SECTION 2 . Said title is further amended by striking subsection (b) of Code Section 14-2-401, relating to corporate names of business corporations, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of a corporation incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-403; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; (4) The corporate name of a nonprofit corporation incorporated or authorized to transact business in this state; (5) The name of a limited partnership or professional association filed with the Secretary of State; and (6) The name of a limited liability company formed or authorized to transact business in this state. SECTION 3 . Said title is further amended by striking subsection (a) of Code Section 14-2-721, relating to voting entitlement of shares, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsections (b) and (c) of this Code section or unless the articles of incorporation provide otherwise, each outstanding share (other than shares of preferred stock issued or authorized before July 1, 1989), regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting. Only shares are entitled to vote. If articles of incorporation have been restated or amended on or after July 1, 1989, such amendment shall not be deemed to have granted voting rights to holders of preferred shares previously without voting rights unless notice was provided to shareholders that such restatement or amendment would cause the holders of preferred shares to have voting rights, and a shareholder vote approved the restatement or amendment. SECTION 4 . Said title is further amended by striking subsection (a) of Code Section 14-2-824, relating to quorum and voting by a board of directors, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Unless this chapter, the articles of incorporation, or bylaws require a greater number or unless otherwise specifically provided in this chapter, a quorum of a board of directors consists of: (1) A majority of the fixed number of directors if the corporation has a fixed board size; or

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(2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a variable-range size board. SECTION 5 . Said title is further amended by striking subsection (b) of Code Section 14-2-843, relating to resignation and removal of officers, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A board of directors may remove any officer at any time with or without cause. Unless the bylaws provide otherwise, any officer or assistant officer appointed by an authorized officer pursuant to subsection (b) of Code Section 14-2-840 may be removed at any time with or without cause by any officer having authority to appoint such officer or assistant officer. SECTION 6 . Said title is further amended by striking subsection (b) of Code Section 14-2-901, relating to application of the Business Corporation Code and the Professional Corporation Act to close corporations, and inserting in lieu thereof a new subsection (b) to read as follows: (b) This article applies to a professional corporation organized under Chapter 7 of this title, known as the `Georgia Professional Corporation Act,' whose articles of incorporation contain the statement required by Code Section 14-7-3, except insofar as the `Georgia Professional Corporation Act' contains inconsistent provisions, if such professional corporation's articles of incorporation also contain the statement required by subsection (a) of Code Section 14-2-902. SECTION 7 . Said title is further amended by striking subsection (b) of Code Section 14-2-1501, relating to authority of a foreign corporation to transact business in this state, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;

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(4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning (directly or indirectly) an interest in or controlling (directly or indirectly) another person organized under the laws of, or transacting business within, this state. SECTION 8 . Said title is further amended by striking subsection (a) of Code Section 14-2-1520, relating to withdrawal of a foreign corporation, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-2-1107 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State. SECTION 9 . Said title is further amended by striking subsection (b) of Code Section 14-3-401, relating to corporate name of a nonprofit corporation, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of an incorporated organization, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under this chapter or Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; (4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under Chapter 9 of this title; and (5) The name of a limited liability company formed or authorized to transact business in this state. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. ALCOHOLIC BEVERAGES FREE TASTING OF MALT BEVERAGES DURING BREWERY TOURS; SALES OF ALCOHOLIC BEVERAGES IN RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICTS. Code Sections 3-5-35, 3-12-1, 3-12-2, and 3-12-3 Enacted. No. 311 (House Bill No. 354). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for annual permits authorizing free tasting of malt beverages on brewery premises during education and promotional tours conducted by certain brewers; to define and provide for the establishment of residential community development districts; to prescribe the methods by which alcoholic beverages may be lawfully sold within such districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end of Article 2 of Chapter 5, relating to malt beverages, a new Code Section 3-5-35 to read as follows:

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3-5-35. The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state and which brews over 100,000 barrels of malt beverages annually authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer. SECTION 2 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end thereof a new Chapter 12 to read as follows: CHAPTER 12 3-12-1. As used in this chapter, the term `residential community development district' or `district' means a private residential development that: (1) Is not less than 500 acres of contiguous land area; (2) Is located either within a county where the sale of alcoholic beverages is authorized or within a county that has one or more municipalities where the sale of alcoholic beverages is authorized, but outside the corporate limits of any municipality; (3) Has at least 200 residential sites, platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision; (4) Has streets that were or will be built with private funds and are or will be maintained by private funds of the developers or property owners within the development; and (5) Has a social club with: (A) An 18 hole golf course of regulation size; (B) A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons; (C) A golf or social club membership and has at least 200 paid-up members who have paid a membership fee for family or individual membership; (D) A membership policy whereby membership is not denied or limited by an applicant's race, color, creed, sex, religion, or national origin; and

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(E) A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold. 3-12-2. (a) The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a community development district with the clerk of the superior court of the county in which the district is to be located or, if located in more than one county, of each of the counties in which the district is located. (b) The articles of establishment of a residential community development district shall contain the following: (1) The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demonstrating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option; (2) A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district; (3) A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, together with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county; (4) The proposed name of the district and the location and the mailing address of the principal office of the district; and (5) A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected members; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the petition. Each landowner within the district shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected. A landowner whose parcel of land measures less than one acre shall be entitled to one vote with respect thereto. The selected number of candidates receiving the highest number of votes

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shall be elected to the board of control for a period of one year, or until his or her successor is duly elected and qualified. (c) The articles of establishment and two copies thereof shall be delivered to the clerk of the superior court who shall, upon the payment of the fees prescribed in this Code section: (1) Endorse on the articles and on each of such copies the word `Filed' and the hour, day, month, and year of the filing thereof; (2) File the articles in his or her office and certify the two copies thereof; and (3) Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district. (d) Upon the filing of the articles of establishment of the community development district with the clerk of the superior court, the district's existence shall begin. (e) In lieu of all other charges and fees, the clerk of the superior court shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establishment not to exceed $100.00 for the county and $35.00 for the clerk of the superior court. 3-12-3. (a) As used in this Code section, the term: (1) `Member' means any person whose membership application has been approved by the social club, which membership shall not become effective for purposes of purchasing alcoholic beverages less than five days following both approval and payment of the membership initiation fee. (2) 'On-premises consumption' means consumption on the property of the social club including the club house, golf course, and other outside recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account or to a major credit card. There shall be no cash sales of alcoholic beverages. (b) (1) Upon the establishment of a residential community development district as provided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community development district. Each such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such

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licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection. (2) No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the qualified electors of the voting precinct wherein the residential community development district is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect. (3) The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following: () YES () NO Shall the issuance of licenses to sell distilled spirits by the drink to certain residential community development districts be approved? Those persons desiring to vote in favor of issuance of the licenses shall vote `Yes' and those persons opposed to issuance of the licenses shall vote `No.' If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately following the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held. (c) (1) Upon being licensed by the county governing authority, a residential community development district shall then apply to the commissioner for the appropriate state license and shall be subject to all state licensing requirements. (2) Upon being licensed by the county governing authority and the commissioner, alcoholic beverages may be sold by the social club of

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the district to members and their guests for on-premises consumption only. (3) The social club shall be licensed to sell alcoholic beverages to its members and their guests pursuant to such regulations as the county governing authority may deem necessary for the proper enforcement of this chapter. (4) The original application for licensure by the county governing authority shall be accompanied by a certificate from the board of control of the district in which the social club is located consenting to and approving the sale of alcoholic beverages at the club. 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 11, 1995. DENMARK GROOVER, JR., HOSPITAL DESIGNATED. No. 20 (House Resolution No. 21). A RESOLUTION Designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital; and for other purposes. WHEREAS, Honorable Denmark Groover, Jr., served as a member of the Georgia House of Representatives with the utmost distinction for over twenty years and held various positions of leadership throughout his tenure; and WHEREAS, he is an eminent attorney and a valued member of the State Bar of Georgia where he was instrumental in numerous progressive efforts to improve and strengthen the judicial branch of government in Georgia; and WHEREAS, he served his country with great distinction as a fighter pilot in the renowned Black Sheep squadron during World War II; and WHEREAS, his keen legal knowledge and adeptness in matters pertaining to the legislative process were recognized by his peers and by legislative and executive leaders in state government who actively sought his advice; and WHEREAS, the careful scrutiny and astute political leadership offered by this distinguished lawyer have left an indelible mark in Georgia's legislative

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history and his remarkable energy, intellect, and talent deserve special recognition and honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new prison hospital to be built in Bibb County by the Georgia Department of Corrections for the long-term care of chronically, medically ill patients shall be designated and named the Denmark Groover, Jr., Hospital in honor of this outstanding Georgian. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of corrections and to Honorable Denmark Groover, Jr. Approved April 11, 1995. GEORGIA'S WORLD WAR II VETERANS RECOGNIZED; DISPLAY AT JAMES H. SLOPPY FLOYD VETERANS MEMORIAL BUILDING. No. 21 (House Resolution No. 55). A RESOLUTION Recognizing and commending Georgia's World War II veterans; providing for the permanent display at the James H. Sloppy Floyd Veterans Memorial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II; and for other purposes. WHEREAS, November 11, 1995, marks the end of the 50th anniversary year of World War II and the nation's commemoration of the war; and WHEREAS, During World War II, an estimated 324,373 Georgians answered their nation's call to duty, with 11,650 becoming wounded and 4,831 making the supreme sacrifice for their country; and WHEREAS, it is in the best interest of our state and nation that we express our continuing gratitude to our World War II veterans whose sacrifices serve as constant reminders of the high price of liberty; and WHEREAS, as the veterans of World War II become fewer in number, the remembrance of their deeds will be left to history books; and WHEREAS, by being mindful of history, we might not have to repeat it; and WHEREAS, it is only fitting and proper to commemorate the patriotic sacrifices of our military personnel who served in the armed forces during World War II to preserve liberty and freedom for our great country. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body on behalf of all citizens of Georgia recognizes and expresses its sincere appreciation to all World War II veterans for their

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dedicated service, especially those veterans who were born in Georgia, entered military service in Georgia, or who presently reside in Georgia. BE IT FURTHER RESOLVED that the Executive Director of the Georgia Building Authority in cooperation with the commissioner of veterans service is authorized and directed to display at the James H. Sloppy Floyd Veterans Memorial Building a plaque, flag, and 50 posters depicting important events that took place during World War II. Such display shall be located on the right interior wall of the plaza adjacent to the main entrance leading to the East Tower of the Floyd building. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Executive Director of the Georgia Building Authority and to the commissioner of veterans service. Approved April 11, 1995. MS. SUE F. CONDREY COMPENSATION. No. 22 (House Resolution No. 78). A RESOLUTION Compensating Ms. Sue F. Condrey; and for other purposes. WHEREAS, Ms. Sue F. Condrey performs medical services at the Jimmy Autry Correctional Institution near Pelham, Georgia; and WHEREAS, on August 9, 1994, Ms. Condrey parked her 1985 Mercedes Model 300D in the front parking lot at the correctional facility; and WHEREAS, upon returning to her vehicle, Ms. Condrey found that it had a cracked windshield, broken head light, broken fog light, and cracked trim around the head light; and WHEREAS, it is believed that the vehicle was damaged by a prison detail cutting grass in the area, as six other vehicles in that area of the parking lot were also damaged; and WHEREAS, Ms. Condrey suffered property damage to her automobile in the amount of $579.06; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Condrey, and it is only fitting and proper that she be compensated for the amount of her deductible. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Ms. Sue F. Condrey as compensation as provided above. Said sum shall be paid from funds appropriated to or

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available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 11, 1995. LAKE OCONEE PARKWAY DESIGNATED. No. 23 (House Resolution No. 79). A RESOLUTION Designating the Lake Oconee Parkway; and for other purposes. WHEREAS, Lake Oconee is an outstanding resource which provides countless opportunities to the State of Georgia and its citizens for recreation, conservation, and economic development; and WHEREAS, Lake Oconee is enjoyed by numerous visitors to the State of Georgia; and WHEREAS, it is important that travelers be afforded access to the many delightful areas of Lake Oconee and that clear and readily marked highways be designated to showcase this beautiful lake. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 44 from the corporate limits of the City of Greensboro to the corporate limits of the City of Eatonton is designated as the Lake Oconee Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs and markers designating said parkway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation. Approved April 11, 1995. MR. ALONZO KEY COMPENSATION. No. 24 (House Resolution No. 80). A RESOLUTION Compensating Mr. Alonzo Key; and for other purposes. WHEREAS, Mr. Alonzo Key is an employee at the Putnam Probation Boot Camp located on Forest Street in Eatonton, Georgia; and WHEREAS, on June 29, 1994, Mr. Key parked his 1990 Honda Accord in the staff parking lot at the probation facility; and

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WHEREAS, upon returning to his vehicle, Mr. Key found that it had a cracked windshield and dents and scratches on the right front and right rear doors; and WHEREAS, it is believed that the vehicle was damaged by detainees cutting grass and weeding in the area; and WHEREAS, Mr. Key suffered property damage to his automobile in the amount of $1,244.57; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Key, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1,244.57 to Mr. Alonzo Key as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 11, 1995. CHARLES HARDY PARKWAY DESIGNATED. No. 25 (House Resolution No. 94). A RESOLUTION Honoring Charles Hardy and designating a portion of Georgia Highway 120 as the Charles Hardy Parkway; and for other purposes. WHEREAS, Charles Hardy is a native of Paulding County and is the son of Simmie Hardy and the late John P. Hardy of Hiram, Georgia; and WHEREAS, Charles Hardy has been married to Jeanette Hardy for forty-three years and is a dedicated family man; and WHEREAS, Charles Hardy has excelled in every business endeavor in which he has ever been a participant, including Dallas Dragstrip, a mobile home dealership, and the building of over 700 houses; and WHEREAS, Charles Hardy is the owner of Hardy Chevrolet, Pontiac and Buick, Inc., five Hardy dealerships, and an automobile auction; and WHEREAS, Charles Hardy and Bill Elliott have now combined in a Winston Cup NASCAR Race Team; and WHEREAS, the Hardy businesses now employ over 175 people and over the last five years have grossed over $350,000,000.00 and paid over $9,000,000.00 in sales taxes; and

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WHEREAS, Charles Hardy is active in the community, being a member of the Masonic Lodge and Yaarab Shrine Temple of Atlanta; and WHEREAS, through his efforts, over $1,000,000.00 has been donated by Charles Hardy or through his direct efforts to the benefit of 22 Shrine hospitals. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby honors and expresses its appreciation to Charles Hardy for his many invaluable contributions to his community and state. BE IT FURTHER RESOLVED that the portion of Georgia Highway 120 extending from the Cobb Paulding County line to U.S. Highway 278 in Paulding County is designated as the Charles Hardy Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said road. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mr. Charles Hardy. Approved April 11, 1995. AGED AND DISABLED TRANSPORTATION TASK FORCE RECREATION. No. 26 (House Resolution No. 95). A RESOLUTION Recreating the Aged and Disabled Transportation Task Force; and for other purposes. WHEREAS, the Aged and Disabled Transportation Task Force, created in the 1994 regular session of the General Assembly, was abolished effective December 31, 1994, and it is the finding and intent of the General Assembly that this task force should continue for an additional period; and WHEREAS, in its first year of existence the committee confirmed that there is a strong need for a more efficient and effective manner of providing transportation services to those persons which the task force identified as transportation disabled; and WHEREAS, the elderly and disabled populations of Georgia, particularly in rural and suburban areas, are unable or severely limited in their ability to meet many of their basic needs due to drastically limited public and private transportation available to them; and

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WHEREAS, through public forums held throughout the state, the task force determined that there is a failure of coordination of available transportation resources among the various county, municipal, and state programs which results in a lessened ability to provide adequate social services to the elderly and disabled citizens of this state; and WHEREAS, it was determined by the task force that comprehensive goal-oriented management of available transportation resources at the state and local levels is a key component to more effective, efficient delivery of services to such persons; and WHEREAS, although the Aged and Disabled Transportation Task Force accomplished a great deal, it is necessary to recreate this body to ensure the continuation of the work it has begun in providing for creation of demonstration projects to develop community-based unified transportation systems, to provide for oversight of such projects, and to evaluate the results of such projects. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Aged and Disabled Transportation Task Force to be composed of 20 members as follows: (1) Two members of the Georgia House of Representatives, including at least one member of the House Transportation Committee, to be appointed by the Speaker of the House of Representatives; (2) Two members of the Georgia Senate, including at least one member of the Senate Transportation Committee, to be appointed by the Lieutenant Governor; (3) Three representatives of the Department of Human Resources to be appointed by the commissioner of human resources; (4) Two representatives of the Department of Transportation to be appointed by the commissioner of transportation; (5) One representative of the Department of Medical Assistance to be appointed by the commissioner of medical assistance; (6) Four transportation providers, two to be appointed by the commissioner of human resources, at least one of whom shall be a representative of a county or municipal government which provides transportation services, one to be appointed by the commissioner of transportation, and one to be appointed by the commissioner of medical assistance; (7) One private citizen from the aging community to be appointed by the Georgia Council on Aging; (8) One private citizen from the disability community to be appointed by the director of the Division of Rehabilitation Services of the Department of Human Resources;

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(9) One representative of the Georgia Municipal Association; (10) One representative of the Association County Commissioners of Georgia; (11) One representative of the Governor's Office of Planning and Budget; and (12) One representative of the Department of Administrative Services, to be appointed by the commissioner of administrative services. BE IT FURTHER RESOLVED that the task force shall be authorized to create technical advisory committees to serve the task force in an advisory capacity. BE IT FURTHER RESOLVED that the Lieutenant Governor shall designate one Senate appointee as a cochairperson and the Speaker of the House of Representatives shall designate one House appointee as a cochairperson. The cochairpersons shall call all meetings, set the agenda, and prepare the reports of the task force. Members who fail to attend or be represented by a designee at two consecutive meetings of the task force shall be removed by the cochairpersons. A vacancy in any position on the task force shall be filled in the same manner as the original appointment. BE IT FURTHER RESOLVED that the task force is authorized to determine the number of meeting dates and hearings that shall be necessary to complete its work; provided, however, that the task force shall submit an interim report of its work to the Governor and the General Assembly no later than December 31, 1995, and a final report to the Governor and the General Assembly no later than December 31, 1996. The task force shall be appointed no later than ten days following the approval of this resolution by the Governor and shall hold its first meeting no later than 30 days following appointment of all members. Members of the task force shall not receive compensation for their services on the task force. Legislative members of the task force shall be entitled to receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary for the reimbursement of the expenses of any state employee shall come from funds appropriated to or otherwise available to the respective department of that employee. All other support necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the Department of Human Resources. The task force shall stand abolished December 31, 1996. Approved April 11, 1995.

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GEORGIA STATE MUSEUM AND STATE LIBRARY STUDY COMMISSION RE-CREATION. No. 27 (House Resolution No. 122). A RESOLUTION Re-creating the Georgia State Museum and State Library Study Commission; and for other purposes. WHEREAS, the Georgia State Museum and State Library Study Commission was created in 1994 to examine issues relating to state museum and library facilities; and WHEREAS, the authorization for the commission's study has now expired and there is a continuing need for further study of the issues under examination by the commission. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is re-created the Georgia State Museum and State Library Study Commission to be composed of nine members, as follows: (1) Two members of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (2) Two members of the Georgia Senate appointed by the Lieutenant Governor; (3) Two members appointed by the Governor who shall not be members of the General Assembly; (4) The Secretary of State or such officer's designee; (5) The State School Superintendent or such officer's designee; and (6) The Executive Director of the Georgia Building Authority. The Governor shall designate one of the Governor's appointees to serve as the chairperson of the commission. The chairperson shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study and make recommendations on what actions or legislation may be needed with respect to the issues discussed above. The commission shall be authorized by majority vote of its membership to expend funds appropriated or otherwise available to the commission for the purposes of such study, including the engagement of staff services or professional services determined by the commission to be needed for the purposes of its study. BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

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The legislators serving on the commission and nonlegislative members who are not state officials may receive a daily expense allowance and reimbursement for travel expenses in the same amount and manner as legislative members of interim legislative committees. State officials who are members shall be reimbursed for travel expenses. All of such allowances and reimbursement shall be paid from funds appropriated or otherwise available to the commission, except that allowances and reimbursement paid to legislative members shall be paid from legislative funds appropriated to the Senate or the House, according to the body to which the member belongs. The commission shall make a report of its findings and recommendations and suggestions for proposed legislation, if any, no later than December 31, 1996, at which time the commission shall stand abolished. Approved April 11, 1995. STATE PROPERTY CONVEYANCE TO CITY OF REIDSVILLE. No. 28 (House Resolution No. 232). A RESOLUTION Authorizing conveyance of certain state-owned real property located in Tattnall County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in the City of Reidsville, Tattnall County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Reidsville, Tattnall County, Georgia, containing 2.8 acres as described on that certain plat of survey prepared by Lannie Alexander, Georgia Registered Land Surveyor No. 326, dated July 31, 1941, on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Department of Defense; and WHEREAS, the Department of Defense is consolidating its activities and intends to discontinue operations at the subject armory site; and WHEREAS, repairs to the roof of the armory are needed; and WHEREAS, the above-described property was conveyed by Tattnall County to the State of Georgia in 1954 for the consideration of $5.00; and WHEREAS, the City of Reidsville, Tattnall County, is desirous of obtaining the subject property.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to the City of Reidsville, Tattnall County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $5.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to the City of Reidsville, Tattnall County, shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including, but not limited to, repairs to the armory roof before the conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995. PRIVATE LUCY MATILDA GAUSS BRIDGE DESIGNATED. No. 29 (House Resolution No. 233). A RESOLUTION Designating the Private Lucy Matilda Gauss Bridge; and for other purposes.

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WHEREAS, Lucy Matilda Gauss was born near Bladensborough, North Carolina, in 1812 of sturdy Revolutionary stock and married Bryant Gauss shortly before the beginning of the Civil War in 1861; and WHEREAS, when Bryant Gauss volunteered for service in the Army of the Confederacy, Lucy Matilda Gauss was reluctant to stay behind, rolling bandages and weaving cloth for uniforms, not knowing from day to day the fate of her husband; and WHEREAS, a tall, healthy woman who could ride like a cowboy, hunt all day without wearying, and shoot a rifle with the best in her county, she chose to cut her hair, don her husband's clothes, oil her squirrel musket, and board a troop train for Virginia under the name of Private Bill Thompson; and WHEREAS, in her devotion and love for her young husband, she feared that he would be killed in battle and lie unidentified in an unknown grave; and WHEREAS, the volunteers from that section were neighbors and friends who sympathized with her fears and valued her skills as an expert sharpshooter, her singing voice which raised the soldiers' spirits during the long marches, and her gentle care for the wounded; and WHEREAS, she marched shoulder to shoulder with the other soldiers for days through rain and snow, slept on wet ground without a blanket, shared scanty rations, and, as her shoes wore out, left bloody footprints in the snow of northern Virginia; and WHEREAS, she was wounded in the first battle of Manassas and ordered to return home after her sex was discovered in the hospital, but she disregarded orders, rejoining her husband and her company, changed only by a permanent scar on her scalp; and WHEREAS, when Private Bryant Gauss was killed in the Seven Days' Battle near Richmond, she was granted a permanent furlough to take his body home for burial through a countryside torn by two armies and filled with deserters, camp followers, and wounded soldiers; and WHEREAS, after the war, she moved to Savannah, Georgia, married again, and did not tell the story of her war experiences in Georgia until 1914; and WHEREAS, the heroism of Private Lucy Matilda Gauss was recently revealed to her descendants by the genealogical research of her great, great-grandson, Perry Luther Streat, Jr.; and WHEREAS, this heroine died at the age of 112 in Nicholls, Georgia, having feared nothing in life except God and her first husband's death. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Hurricane Creek on State Route 32, in

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Coffee County, Georgia, is designated the Private Lucy Matilda Gauss Bridge in memory of her courage. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to her great, great-grandson, Perry Luther Streat, Jr., and to the City of Nicholls, Georgia, for display in the City Hall. Approved April 11, 1995. D. NEAL WICKHAM DESIGNATION OF PORTION OF PINE MOUNTAIN TRAIL IN HONOR. No. 30 (House Resolution No. 261). A RESOLUTION Designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham; and for other purposes. WHEREAS, D. Neal Wickham of Columbus, Georgia, is a well-known naturalist, avid outdoorsman, and successful businessman who has committed most of his adult life to the protection of Georgia's natural areas and the promotion of sound environmental policies; and WHEREAS, he is rightfully recognized as the principal individual behind the conception, planning, execution, and maintenance of Georgia's beautiful Pine Mountain Trail and has donated countless hours of his energy, talent, and time completing this Herculean task and inspiring others to volunteer their labor and equipment; and WHEREAS, Pine Mountain is one of the southernmost remnants of the Appalachian Mountains and rises out of the west-central Georgia piedmont near Warm Springs, Georgia; and WHEREAS, this rugged ridge line was cherished by President Franklin D. Roosevelt, who loved to drive along its winding summit to and from his retreat known as the Little White House; and WHEREAS, in 1975, D. Neal Wickham recognized the beauty of this unspoiled area, and through his untiring efforts, drive, and commitment he has produced a marvelous, free recreational resource for Georgians and people from all over the world to explore and enjoy; and WHEREAS, it is most fitting that D. Neal Wickham be appropriately recognized for his vision and commitment in creating the Pine Mountain

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Trail, one of the best designed hiking trails in some of the most beautiful wilderness in the Chattahoochee Valley. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that D. Neal Wickham merits special commendation for his exceptional contributions to protect and promote the natural resources of this state and for his leadership in designing and executing the Pine Mountain Trail, and the Georgia Department of Natural Resources is directed to designate some portion of the Pine Mountain Trail in his honor. BE IT FURTHER RESOLVED that the Department of Natural Resources shall erect a permanent marker memorializing D. Neal Wickham's contributions to the establishment and maintenance of the Pine Mountain Trail. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to D. Neal Wickham and to the commissioner of natural resources. Approved April 11, 1995. MR. ROBERT T. CRAMER COMPENSATION. No. 31 (House Resolution No. 277). A RESOLUTION Compensating Mr. Robert T. Cramer; and for other purposes. WHEREAS, on June 1, 1993, Mr. Robert T. Cramer fell in a puddle of water on the premises of the Georgia State Farmers' Market on Eisenhower Parkway in Macon, Georgia, and fractured his pelvis, sustained compression fractures of his spine, and suffered bruises and abrasions; and WHEREAS, Mr. Cramer's out of pocket expenses relating to his injuries were in excess of $13,000.00; and WHEREAS, Mr. Cramer's injuries and loss occurred through no fault or negligence on the part of Mr. Cramer, and it is only fitting and proper that he be compensated for his travel expenses for medical treatment. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is authorized and directed to pay the sum of $5,000.00 as compensation to Mr. Cramer for his injuries as referred to above. Said sum shall be paid from funds appropriated to or otherwise available to said department and shall be full and complete satisfaction of all claims against the state arising out of the same occurrence. Approved April 11, 1995.

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BARTOW GIBSON HIGHWAY DESIGNATED. No. 32 (House Resolution No. 291). A RESOLUTION Naming the Bartow Gibson Highway; and for other purposes. WHEREAS, Mr. James Bartow Gibson was a well-known and respected businessman in Seminole County; and WHEREAS, Bartow Gibson found his life's work as a road-building contractor, paving roads in Georgia, Florida, Alabama, and South Carolina, but the main office of Gibson Construction Company remained in Seminole County; and WHEREAS, Mr. Gibson served the people of Seminole County and the State of Georgia as a member of the House of Representatives in 1947 and 1948, and he served as Chairman of the Board of Commissioners of Seminole County from 1965 to 1977; and WHEREAS, Mr. Bartow Gibson and his wife Mrs. Euna Spooner Gibson were active community leaders throughout their lives, and they were generous benefactors to Seminole County, donating the property for the library and the Trinity Methodist Church Manse; and WHEREAS, it is fitting and proper to recognize the many outstanding contributions of Mr. Bartow Gibson to the quality of life of Seminole County by naming State Highway 285 in Seminole County beginning at State Highway 39 and traveling East to the intersection of State Highway 285 and United States Highway 84 as Bartow Gibson Highway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate that portion of State Highway 285 in Seminole County beginning at State Highway 39 and ending at the intersection with United States Highway 84 as Bartow Gibson Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Bartow Gibson. Approved April 11, 1995.

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FIVE STAR DODGE, INC., AND MR. WILLIAM H. CLARK COMPENSATION. No. 33 (House Resolution No. 319). A RESOLUTION Compensating Five Star Dodge, Inc., and Mr. William H. Clark; and for other purposes. Part 1 WHEREAS, on September 3, 1991, Five Star Dodge, Inc., located in Macon, Georgia, sold a 1991 Mazda pickup truck to Mr. Stephen Thomas; and WHEREAS, Five Star Dodge, Inc., sent the certificate of origin and title application to the Motor Vehicle Division of the Department of Revenue reflecting that Chrysler Credit Corporation was to be shown as first lien holder on such Mazda pickup truck (ID: JM2UF3135M0141786); and WHEREAS, Chrysler Credit Corporation should have been shown as the security interest holder on Georgia Certificate of Title Number 23391769; and WHEREAS, Georgia Certificate of Title Number 23391769 was processed in the name of Stephen R. Thomas without reflecting Chrysler Credit Corporation as the security interest holder; and WHEREAS, Mr. Thomas borrowed money from Trust Company Bank of Middle Georgia using the Mazda pickup truck as collateral and a title was issued reflecting Trust Company Bank of Middle Georgia as the security interest holder; and WHEREAS, Mr. Thomas subsequently sold the Mazda pickup truck and the Trust Company Bank of Middle Georgia was paid and the lien on the motor vehicle was released; and WHEREAS, in the meantime around June, 1992, the monthly payments to Chrysler Credit Corporation were suspended and, because the financing agreement was with recourse to the dealer, Chrysler Credit Corporation demanded the balance due on the Mazda pickup truck from Five Star Dodge, Inc.; and WHEREAS, although the Department of Revenue issued a special certificate of title showing Stephen Thomas as the owner of and Chrysler Credit Corporation as the first lien holder on the Mazda pickup truck, the purchaser of the truck claimed that the special title showing Chrysler Credit Corporation as the first lien holder could not take precedence over the title previously issued which reflected the lien of Trust Company Bank of Middle Georgia; and WHEREAS, Five Star Dodge, Inc., was unable to regain possession of the motor vehicle or locate Mr. Thomas and, as a result of the issuance of an

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incorrect certificate of title on the motor vehicle, has suffered property loss totaling $7,500.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Five Star Dodge, Inc., and it is only fitting and proper that the company be compensated for its loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Revenue is authorized and directed to pay the sum of $7,500.00 to Five Star Dodge, Inc., as compensation to pay off the loan to Chrysler Credit Corporation. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Part 2 WHEREAS, in 1985, Mr. William H. Clark became manager of the golf course at the Roosevelt Warm Springs Institute for Rehabilitation which is under the jurisdiction of the Department of Human Resources; and WHEREAS, such employment was pursuant to a golf course manager's contract which was renewed annually until Mr. Clark suffered a stroke on April 29, 1994; and WHEREAS, once Mr. Clark suffered his stroke, his position with the golf course was terminated on August 5, 1994; and WHEREAS, Mr. Clark has suffered medical expenses and, as a result of being misled about his employment status and the failure of the Roosevelt Warm Springs Institute for Rehabilitation to renew his contract, Mr. Clark has suffered personal injury loss totaling $6,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $6,000.00 to Mr. William H. Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 11, 1995. GEORGIA FUTURE COMMUNITIES COMMISSION CREATION. No. 34 (House Resolution No. 324). A RESOLUTION Creating the Georgia Future Communities Commission; to provide legislative findings; to provide for the purpose of the commission; to provide for the membership of the commission; to provide for the powers and duties

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of the commission; to provide for allowances; to provide for funds; to provide for abolition of the commission; and for other purposes. WHEREAS, Georgia's economic future is intertwined with the health and well-being of our cities and counties; and WHEREAS, like other communities across our nation, Georgia's cities and counties face a staggering array of economic, capital, environmental, and governmental problems; and WHEREAS, the problems of crime, illiteracy, deteriorating infrastructure, unemployment, welfare, and indigent health care have continued to be of major concern to the cities, counties, businesses, and residents of Georgia and have threatened the economic prosperity of our state; and WHEREAS, finding resources to meet the expanding service needs of the citizenry as well as the maintenance requirements for an aging infrastructure is a major challenge for local government officials, especially for those whose industrial and commercial bases have declined; and WHEREAS, each region's economic prosperity is tied inextricably to the economic health, reputation, and image of the central communities of that region as crime, decay, and other woes gradually spread outward; and WHEREAS, our present system of local governance has difficulty in solving these economic, social, environmental, and governmental problems facing our communities; and WHEREAS, it is clear that the problems confronting our communities and their impact on Georgia's economy require the immediate attention of our state's public and private leaders. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is created the Georgia Future Communities Commission. The purpose of the commission shall be to examine governmental, social, and economic issues confronting local governments; to assess the future implications for community and economic development if current negative trends in our cities and counties are not corrected; to determine what changes are needed in local government structure to provide an environment conducive to quality of life and economic prosperity; and to develop specific proposals to ensure that all of Georgia's local governments become catalysts for economic prosperity. SECTION 2 . (a) The commission shall be comprised of: (1) Nine private sector members appointed by the Georgia Chamber of Commerce;

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(2) Ten members of the General Assembly, five appointed by the Speaker of the House of Representatives and five appointed by the President of the Senate; (3) Five county officials appointed by the Association County Commissioners of Georgia; (4) One county constitutional officer appointed by the County Officers Association of Georgia; and (5) Five municipal officials appointed by the Georgia Municipal Association. (b) The chairperson shall be selected by the Governor from among the nine private sector members. The commission shall meet upon the call of the chairperson. SECTION 3 . The commission shall be authorized to employ a staff director and other staff as necessary. The commission may create such advisory committees as it deems necessary or helpful to its functions. The commission is authorized to contract with units of the University System of Georgia, the Department of Community Affairs, and other state departments and agencies that it may deem of assistance in providing research and facilitating services to the commission. The commission is eligible to receive and expend money granted pursuant to Chapter 86 of Title 36 of the Official Code of Georgia Annotated, known as the Local Government Efficiency Act, other state grants, and federal grants and to accept donations from private persons, associations, foundations, and corporations in carrying out its functions. SECTION 4 . The commission shall issue a final report containing its findings and recommendations and shall provide a copy of such report to members of the General Assembly, the Governor, and the Lieutenant Governor. Such report shall include drafts of legislative proposals the commission deems advisable in implementing its recommendations for improving the future of Georgia's communities and the citizens residing therein. SECTION 5 . Members of the commission shall receive no pay for their services, except that legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary for such purposes shall come from the funds appropriated to the Senate and to the House of Representatives. SECTION 6 . The commission shall be abolished on December 31, 1996. Approved April 11, 1995.

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STATE PROPERTY LEASE TO PELHAM DEVELOPMENT CORPORATION. No. 35 (House Resolution No. 335). A RESOLUTION Authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the building and shed located at the State Farmers Market in Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is currently leased to the Pelham Development Corporation pursuant to a resolution approved April 4, 1990 (Ga. L. 1990, p.939), by the State Properties Commission; and WHEREAS, said tract of land on which the building and shed are located is more particularly described as follows: All that tract and parcel of land lying and being in land lots Nos. 267 and 268, 10th Land District, Mitchell County, Georgia, and more particularly described as follows: Beginning at a point on the Easterly side of the right-of-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 degree 30[prime] East of the point where the Easterly side of the right-of-way of Georgia State Highway No. 3 intersects the original land lot line dividing Land Lots 267 and 268; thence from said beginning point proceeding North 88 degrees 30[prime] East a distance of 733.5 feet to a point; thence proceeding South 10 degrees 30[prime] West a distance of 205 feet to a point; thence proceeding South 88 degrees 30[prime] West a distance of 733.5 feet to a point on the Easterly side of the right-of-way of Georgia State Highway No. 3; thence proceeding North 1 degree 30[prime] East along the Easterly side of the right-of-way on Georgia State Highway No. 3, East a distance of 205 feet to point of beginning. Said property is shown and delineated on a drawing prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, a copy of which is on file in the office of the State Properties Commission; and WHEREAS, the lease on such property expires on September 20, 1995; and WHEREAS, the Pelham Development Corporation can continue to use such property in the future to the benefit of the public. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the referenced hereinabove described property and that in all matters relating to the leasing of said

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property the State of Georgia is acting by and through the State Properties Commission. SECTION 2 . That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the hereinabove described tract of land to the Pelham Development Corporation for a period of five years following the expiration of the lease entered into pursuant to said 1990 resolution, subject to the following conditions: (1) The consideration for the lease shall be $1,000.00 per month; (2) The term of such lease shall begin September 21, 1995, and expire September 20, 2000; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. SECTION 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. SECTION 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995. HAROLD G. CLARKE PARKWAY DESIGNATED. No. 36 (House Resolution No. 437). A RESOLUTION Designating Harold G. Clarke Parkway; and for other purposes. WHEREAS, Honorable Harold G. Clarke recently retired as Chief Justice of the Supreme Court of Georgia where he provided exemplary leadership, rigorous judicial review of fundamental constitutional issues, and an unswerving commitment to justice; and WHEREAS, he devoted most of his legal career to public service where he continually demonstrated his superb intellect, thorough legal scholarship, keen understanding of the political process, and enlightened point of view; and

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WHEREAS, from 1961 to 1971, as a member of the Georgia House of Representatives, he served as the chair of key legislative committees, developed life-long friendships with certain present-day colleagues, and earned the highest regard and admiration of his peers; and WHEREAS, he was chosen by the Select Committee on Constitutional Revision to chair the comprehensive revision of the legislative article and provided the utmost diligence and attention to the many special intricacies and historical precedents underlying the operation of the General Assembly of Georgia; and WHEREAS, he was appointed to the Supreme Court in December, 1979, and was elected by his colleagues to serve for four years in the eminent position of Chief Justice beginning in January, 1990; and WHEREAS, he received the greatest honor and recognition the members of Georgia's highest court can bestow by being chosen as Chief Justice and he exercised the powers and duties of that prestigious office with exceptional integrity, solemnity, and decorum; and WHEREAS, the vision and stewardship of this most trustworthy public official is surpassed only by his wonderful sense of humor, rare vitality, and determination. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of State Route 18 between the eastern boundary of the right of way of Interstate Highway 75 and U.S. Highway 41 in Monroe County shall be designated as Harold G. Clarke Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said route as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Honorable Harold G. Clarke and to the commissioner of transportation. Approved April 11, 1995. BENSON HAM ROAD DESIGNATED. No. 37 (House Resolution No. 438). A RESOLUTION Designating Benson Ham Road; and for other purposes. WHEREAS, Mr. Phillip Benson Ham was born on January 6, 1934, the son of John Wesley Ham and Laura Belle Benson Ham; and WHEREAS, he was graduated from Mercer University in 1957 and received a Juris Doctor degree from the Walter F. George School of Law, Mercer

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University, in 1959, and he began practicing law in June of that year and is now managing partner with the law firm of Ham, Jenkins, Wilson, and Wangerin in Forsyth, Georgia, and he has served as president of the Flint Judicial Circuit Bar Association and as a member of the Board of Governors of the Georgia Bar Association; and WHEREAS, Mr. Ham's public service includes ten years as a member of the Georgia General Assembly; vice chairperson of the State Board of Elections; and many years of service as chairperson or president of the Monroe County Board of Education; and service as president or chairperson of many civic and other organizations, including the Monroe County Jaycees, the Exchange Club of Forsyth, the Forsyth Lions Club, the Monroe County Sportsmans Federation, the Monroe County Community Action Committee, the Upper Ocmulgee Economic Opportunity Commission, the Monroe County Chapter of the American Cancer Society, the Central Georgia Electric Membership Corporation, and the Monroe County Economic Development Authority; and WHEREAS, Mr. Ham helped organize the Middle Georgia Area Planning and Development Commission and served on the board of directors, was instrumental in locating the Georgia Public Safety Training Center and several industries in Forsyth and Monroe counties, and was instrumental in the decision to expand the intersection of Interstate Highway 75 and State Road 18 to a full interchange; and WHEREAS, he was married for 37 years to the former Elsie Sanders until her death in 1993, and their union produced five children and nine grandchildren, and he is now married to the former Ruth Chapman. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the frontage road that parallels the east side of Interstate Highway 75 in Monroe County between State Road 18 and County Road 271, also known as Juliette Road, be designated as Benson Ham Road. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said road as provided in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Phillip Benson Ham and to the commissioner of transportation. Approved April 11, 1995.

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WALTER E. COX PARKWAY DESIGNATED. No. 38 (House Resolution No. 448). A RESOLUTION Honoring Walter E. Cox and designating a portion of Georgia Highway 1 and U.S. Highway 27 as the Walter E. Cox Parkway; and for other purposes. WHEREAS, on February 22, 1989, death claimed Walter E. Cox, a native son, whose political, social, and religious life had touched the life of virtually every person in Decatur County during his more than three decades of public service; and WHEREAS, Walter was born on September 12, 1928, as the son of Mrs. Estelle Herren Cox and the late Eugene W. Cox; and WHEREAS, after graduating from the public schools of Decatur County, he was awarded degrees from Virginia Polytechnic Institute and the Cincinnati College of Embalming; and WHEREAS, Walter, as a young man, became affiliated with his father as a mortician and at the time of his death was a partner in Cox Funeral Home; and WHEREAS, he unselfishly contributed his time, talents, and abilities in numerous areas of community service so that the lives of those in his community would be enhanced; and WHEREAS, he was a councilman and mayor of the City of Bainbridge, a member and president of the Bainbridge-Decatur County Chamber of Commerce, a member and president of the Bainbridge-Decatur County Jaycees, a member of the Bainbridge Country Club, a Rotarian, a member of the Orion Lodge #8 FAM and the Hasan Temple of the Shrine, a member of the Committee of 100 for Industry, a Representative in the Georgia General Assembly for 15 years, and a member of the First Baptist Church; and WHEREAS, Walter's dominant role was in the life of his family that consisted of his talented and devoted wife, the former Mary Barber, and four beautiful and accomplished daughters, Cathy, Kim, Karen, and Glennie; and WHEREAS, Walter was articulate of thought, innovative of ideas, sensitive of feelings, responsive to needs, loyal to friends, and faithful to family, which combined to make him a highly respected community leader and public servant and whose achievements set a standard of excellence to which others may aspire. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their

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appreciation to Walter E. Cox for his many invaluable contributions to his community and to the State of Georgia. BE IT FURTHER RESOLVED that the portion of Georgia Highway 1 and U.S. Highway 27 extending from the Miller-Decatur County line to the state boundary with Florida is designated as the Walter E. Cox Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the parkway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Walter E. Cox. Approved April 11, 1995. JOHN R. MCKINNEY MEDAL OF HONOR HIGHWAY DESIGNATED. No. 39 (House Resolution No. 501). A RESOLUTION Designating the John R. McKinney Medal of Honor Highway; and for other purposes. WHEREAS, on May 11, 1945, during the retaking of the Philippine Islands, Sergeant John R. McKinney was part of a three-man crew manning a light machine gun when the Japanese attacked the company perimeter, concentrating on the machine gun position; and WHEREAS, struck with a glancing blow to the head by an enemy's saber, he bludgeoned his attacker and shot another, and when the other members of the gun crew withdrew, Sergeant McKinney alone defended the position, which was by then overrun by ten enemy soldiers, and he shot seven and bludgeoned three with his rifle, thus preventing the machine gun from being used on his own company; and WHEREAS, as the machine gun was rendered inoperative during the fighting, he was left to defend the position with only his assault rifle as Japanese soldiers attacked with hand grenades and mortars, and by the time assistance arrived, Sergeant McKinney was in command of the area with 38 enemy dead around the machine gun position and two more 40 meters away beside a mortar, all shot or clubbed to death by Sergeant McKinney; and WHEREAS, for his bravery, which saved the lives of many of his company, Sergeant McKinney was awarded the nation's highest award for bravery, the Medal of Honor; and

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WHEREAS, John R. McKinney, a native Georgian, now lives in Sylvania, Screven County, Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of State Route 21 in Screven County from Jenkins County east to Effingham County shall be designated as the John R. McKinney Medal of Honor Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said route as provided in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to John R. McKinney and to the commissioner of transportation. Approved April 11, 1995. STATE PROPERTY CONVEYANCES TO MAYME JO HOOD, MARY ELIZABETH MILLER, AND BENNIE L. AND VORA ELAINE HUDSON. No. 40 (House Resolution No. 419). A RESOLUTION Authorizing the conveyance of certain state owned real properties located in Bartow County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of three certain parcels of real property located in Bartow County, Georgia; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Bartow County, Georgia, lying in and being a part of the Western and Atlantic Railroad right of way containing approximately 0.15 of one acre, 0.10 of one acre, and 0.32 of one acre, respectively, in the City of Kingston as described on a drawing in the offices of the State Properties Commission and which will be more particularly described on a plat of survey provided by the purchaser and presented to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the State Properties Commission and a portion is leased to CSX Transportation, Inc.; and WHEREAS, adjoining property owners Mayme Jo Hood, Mary Elizabeth Miller, and Bennie L. and Vora Elaine Hudson are desirous of acquiring that certain parcel which adjoins each of such person's residential property for inclusion in each such person's home site. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That a parcel of the above-described real property which is adjacent to the property of Mayme Jo Hood shall be conveyed to Mayme Jo Hood, that a parcel of the above-described real property which is adjacent to the property of Mary Elizabeth Miller shall be conveyed to Mary Elizabeth Miller, and that a parcel of the above-described real property which is adjacent to the property of Bennie L. and Vora Elaine Hudson shall be conveyed to Bennie L. and Vora Elaine Hudson by and through the State Properties Commission for a consideration of the fair market value of each such parcel but not less than $650.00 for each such parcel of property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the conveyances of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc. (formerly known as the Louisville Nashville Railroad Company, and Seaboard System Railroad), conveying its interest in said property to the State of Georgia by appropriate instrument. SECTION 4 . That the authorization in this resolution to convey parcels of the above-described property to Mayme Jo Hood, Mary Elizabeth Miller, and Bennie L. and Vora Elaine Hudson shall expire three years after the date that this resolution becomes effective. SECTION 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances. SECTION 6 . That the deeds of conveyance shall be recorded by the purchasers in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995. STATE PROPERTY CONVEYANCE TO CITY OF POULAN. No. 41 (House Resolution No. 388). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Worth County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in the City of Poulan, Worth County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Poulan, Worth County, Georgia, containing approximately 7 acres lying and being in Land Lot 337 of the 7th District as described on that drawing entitled Possum Poke Roadside Park dated 1953 and on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the Grantee to the State Properties Commission for approval; and WHEREAS, said property was originally in the custody of the Georgia Department of Natural Resources by virtue of a deed dated March 24, 1948; and WHEREAS, said property was subsequently deeded by the original grantor to the Board of Regents by virtue of a deed dated April 25, 1966; and WHEREAS, life estate to the above-described property was deeded to the Department of Transportation by virtue of a deed dated May 11, 1953; and WHEREAS, the Department of Natural Resources has declared the property surplus to its needs; and WHEREAS, the City of Poulan, Worth County, is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to the City of Poulan, Worth County, by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to the City of Poulan, Worth County, shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Worth County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . That all laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. WOMEN'S HISTORY MONTH DESIGNATED. No. 42 (House Resolution No. 382). A RESOLUTION Designating the month of March, 1995, as Women's History Month; and for other purposes. WHEREAS, American women of every race, class, and ethnic background helped found the nation and the State of Georgia in countless recorded and unrecorded ways as servants, slaves, nurses, nuns, homemakers, industrial workers, teachers, reformers, soldiers, and pioneers; and

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WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of our nation's and our state's life by constituting a significant portion of the labor force working in and outside of the home; and WHEREAS, American women have played a unique role throughout our history by providing the majority of the nation's and the state's volunteer labor force and have been particularly important in the establishment of early charitable, philanthropic, and cultural institutions in the country; and WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement such as the abolitionist movement, the emancipation movement, the labor movement, and the modern civil rights movement; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the body of both American and Georgia history; and WHEREAS, the Georgia Commission on Women, which was created by the General Assembly in 1992, continues to encourage state-wide recognition and promotion of Women's History Month in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the month of March, 1995, is designated as Women's History Month, and the Governor is requested to issue a proclamation calling upon the people of the State of Georgia to observe such month with appropriate ceremonies and activities. Approved April 11, 1995. PETE HACKNEY PARKING FACILITY DESIGNATED. No. 43 (House Resolution No. 368). A RESOLUTION Designating the Pete Hackney Parking Facility; and for other purposes. WHEREAS, John Marvin Hackney, known as Pete Hackney, began his career in state finances on January 2, 1964, as an analyst with the State Budget Bureau; and WHEREAS, he was hired as Legislative Budget Analyst and fiscal advisor to head the new Legislative Budget Office in 1970; and WHEREAS, he continued in that position until his retirement in 1992; and WHEREAS, during his tenure as Legislative Budget Analyst the members of the General Assembly came to rely upon his legendary memory for figures and knowledge of where state funds are located in agency budgets; and

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WHEREAS, his phenomenal financial abilities enabled him to be a guardian of the state's coffers; and WHEREAS, in light of his distinguished public service to the General Assembly and the people of this state it is only fitting and proper that the State of Georgia recognize Pete Hackney in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Building Authority parking lot under construction at Decatur and Butler Streets be named and designated the Pete Hackney Parking Facility. BE IT FURTHER RESOLVED that the Georgia Building Authority is authorized and directed to place and maintain appropriate markers designating the Pete Hackney Parking Facility. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Georgia Building Authority and to Pete Hackney. Approved April 11, 1995. MS. CHARLOTTE BRANDENBURG AND MS. CARRIE FLETCHER COMPENSATION. No. 44 (House Resolution No. 172). A RESOLUTION Compensating Ms. Charlotte Brandenburg and Ms. Carrie Fletcher; and for other purposes. Part 1 WHEREAS, Ms. Charlotte Brandenburg is a part-time employee at the Rockdale - DeKalb County Probation and Detention Center located at 2165 Chambers Drive in Conyers, Georgia; and WHEREAS, on April 20, 1994, Ms. Brandenburg parked her 1988 Ford Bronco II in the parking lot at the probation facility; and WHEREAS, upon returning to her vehicle, Ms. Brandenburg found that it had a damaged quarter panel and left quarter panel window; and WHEREAS, the vehicle was damaged by a detainee cutting grass in the area; and WHEREAS, Ms. Brandenburg suffered property damage to her automobile in the amount of $803.84; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Brandenburg, and it is only fitting and proper that she be compensated for the amount of her deductible.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Ms. Charlotte Brandenburg as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Part 2 WHEREAS, on January 25, 1993, Ms. Carrie Fletcher fell on the corner of the street near the door of the Coffee County Field Service Office of the Georgia Department of Labor, injuring her ankle; and WHEREAS, Ms. Fletcher's expenses for medical treatment of her injured ankle and other out-of-pocket expenses were $900.00. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is authorized and directed to pay the sum of $900.00 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 11, 1995. STATE PROPERTY LEASE OF PROPERTY TO CURRAHEE PAGING COMPANY; SUBLEASE OF PROPERTY LOCATED IN TROUP COUNTY; LEASE OF PROPERTY TO CITY OF WINDER. No. 45 (House Resolution No. 358). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Rabun County, Georgia; authorizing the subleasing for private development and operation of park facilities of 1,200 acres, more or less, on West Point Lake, Troup County, Georgia; authorizing the leasing of certain real property owned by the State of Georgia in Barrow County, Georgia; to provide for conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of real property located in Rabun County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Rabun County, Georgia, lying in and being a part of Land Lot 66 of the 2nd District and is more particularly described as follows:

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TO FIND THE POINT OF BEGINNING, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees 45 minutes west to an iron pin, which point is the POINT OF BEGINNING of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees 00 minutes east 25 feet to an iron pin and the POINT OF BEGINNING, as the same is shown on a certain January 10, 1964 plat of survey prepared by J.G. Nixon, Georgia Registered Land Surveyor No. 312., a copy of which is on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and (4) The said property has been leased to Spartan Radiocasting Company since June 26, 1980, pursuant to Resolution Act 142, H.R. 586-1591, approved April 2, 1980 (Ga. L. 1980, p. 1490), and is the site of a television translator tower; and (5) Currahee Paging Company has acquired said television translator tower and equipment from Spartan Radiocasting Company; and (6) Currahee Paging Company is desirous of leasing the above-described property; and (7) The Department of Natural Resources has no objection to the above-described lease; and WHEREAS: (1) The United States Army Corps of Engineers has proposed at its West Point Reservoir in Troup County to lease to the State of Georgia certain tracts or parcels of real property containing in the aggregate 1,200 acres, more or less, and being known as the Maple Creek Public Recreation Area and the Potts Road Public Service Area, as shown on the General Development Plan of the West Point Reservoir, a copy of which is on file in the Office of the Director of State Parks and Historic Sites of the Department of Natural Resources; and (2) Said real property, which will be under the custody of the Department of Natural Resources, is suitable for recreational development, including a marina, but is presently not utilized for those purposes, although the United States Army Corps of Engineers has allocated certain funds for infrastructure; and (3) The Department of Natural Resources is desirous of accepting the offer of the United States Army Corps of Engineers and subleasing the

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above-described real property to a qualified person or firm in order to construct, maintain, operate, and manage certain contemplated improvements for the benefit of the public; and (4) The Department of Natural Resources will aggressively solicit proposals from qualified persons and firms to construct, maintain, operate, and manage said contemplated improvements, subject to the approval of the primary lessor, the United States Army Corps of Engineers; and WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of real property located in Barrow County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Barrow County, Georgia, lying in and being a part of 243rd Georgia Militia District, containing approximately 2 acres, as described on two drawings entitled Dwelling Site in Barrow County and Barrow Tower and Sub-Unit Site, both dated September 23, 1976, and both being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and (3) Said property is under the custody of the Department of Natural Resources and lies within the boundary of Fort Yargo State Park and was previously utilized by the Georgia Forestry Commission as a fire tower site; and (4) Said parcel is not being utilized by the state, the Department of Natural Resources and the Georgia Forestry Commission have declared the property surplus to their needs, and the City of Winder is desirous of leasing the above-described state property to be used for a fire station; and (5) The leasing of said property to the City of Winder is contingent upon the following conditions: (A) Allowing the Georgia Forestry Commission to station a fire suppression unit at the site on days of high fire danger as determined by the Georgia Forestry Commission; (B) Use by the Georgia Forestry Commission of the fire tower for detection purposes and radio transmission as may be needed; (C) Assumption by the City of Winder of responsibility and liability for underground storage tanks after inspection and certification; and (D) The provision to the Georgia Forestry Commission of office space for any urban forester at such time as space is needed.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 SECTION 1 . That the State of Georgia is the owner of the referenced hereinabove described real property in Rabun County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of land in Rabun County to Currahee Paging Company for a period of ten years following the expiration of the lease entered into pursuant to said 1980 resolution, subject to the following conditions: (1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease; (2) Any sublease of said tower site or any sublease to locate additional equipment upon said tower or site shall first be approved by the State Properties Commission as to terms and conditions; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. SECTION 3 . That the authorization in this resolution to lease the above-described property in Rabun County to Currahee Paging Company shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 5 . That this lease agreement shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 2 SECTION 6 . That the State of Georgia will be the primary lessee of the hereinabove described real property located in Troup County and that, in all matters relating to the subleasing of said real property, the State of Georgia is

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acting by and through its Department of Natural Resources, subject to the approval of the State Properties Commission. SECTION 7 . That the State of Georgia, acting by and through its Department of Natural Resources, subject to the approval of the State Properties Commission, is authorized to sublease the hereinabove described real property in Troup County to that person or firm selected by the said department through a competitive selection process for a period of years which coincides with the primary lease between the State of Georgia and the United States Army Corps of Engineers, commencing with the execution of the lease agreement and extending through its full term or any part thereof. SECTION 8 . That the consideration for the said sublease shall be determined through negotiation between the Department of Natural Resources and the selected sublessee and shall contain such other terms and conditions as may be determined by the Department of Natural Resources to be in the best interests of the State of Georgia, subject to the approval of the State Properties Commission and the United States Army Corps of Engineers. SECTION 9 . That revenues generated from said sublease shall be remitted to the Parks, Recreation and Historic Sites Division of the Department of Natural Resources for use in the operation and maintenance of its sites and facilities and shall constitute miscellaneous funds as provided in Code Section 12-3-2. SECTION 10 . That any further subleasing of the hereinabove described tract of real property and any assignment of the sublease or of any approved further subleasing shall be subject to the approval of the Department of Natural Resources and the State Properties Commission. SECTION 11 . That the Department of Natural Resources and the State Properties Commission are authorized and empowered to do all acts and things necessary and proper to effectuate the primary lease and the sublease authorized by this resolution. SECTION 12 . That any lease, sublease, or assignment of a lease or sublease entered into pursuant to this resolution, after approval and execution, shall be recorded by the sublessee or future sublessee or assignee in the Superior Court of Troup County, and a recorded copy thereof shall be forwarded to the Department of Natural Resources and to the State Properties Commission.

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ARTICLE 2.1 SECTION 12.1 . That the State of Georgia is the owner of the referenced hereinabove described real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. SECTION 12.2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of land to the City of Winder for a period of 25 years commencing with the execution of the lease agreement and that the above-described premises shall be used solely for public purposes. SECTION 12.3 . That consideration for such lease shall be the providing of garbage collection to Fort Yargo State Park by the City of Winder at no charge to the state and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia. SECTION 12.4 . That any sublease of the subject property must be approved by the State Properties Commission and that the authorization in this resolution to lease the above-described property to the City of Winder shall expire three years after the date that this resolution becomes effective. SECTION 12.5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing and that this lease agreement shall be recorded by the lessee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 3 SECTION 13 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995.

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STATE PROPERTY CONSENT TO ANNEXATION BY CITY OF CAVE SPRING. No. 46 (House Resolution No. 159). A RESOLUTION Consenting to the annexation of certain state owned real property located in Floyd County into the corporate limits of the City of Cave Spring; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Floyd County; and WHEREAS, such property is under the control of the Georgia Department of Education and is a portion of the old campus of the Georgia School For The Deaf; and WHEREAS, such property is located adjacent to the present corporate limits of the City of Cave Spring; and WHEREAS, Code Section 36-36-21 of the Official Code of Georgia Annotated authorizes the annexation of such property upon the application of the landowners affected; and WHEREAS, such real property is more particularly described as follows: All that tract or parcel of land, situated, lying and being in Land Lots 931, 932, 933, 934, 938, 939, 940, 941, 942, 1003, 1004, 1005, 1006, 1007, 1010, 1011, 1012, 1013, 1077 and 1078 in the Fourth District and Fourth Section of Floyd County, Georgia, and a portion within the city limits of Cave Spring, Georgia, and further described as follows: Tract I: Beginning at the intersection of the centerline of U.S. Highway 411 with the westerly right of way of Southern Railway and running South 17 degrees 13 minutes 31 seconds West for 2101.96 feet to the point of beginning. FROM SAID POINT OF BEGINNING run thence North 69 degrees 12 seconds 43 minutes West for 751.17 feet to a concrete monument; thence South 79 degrees 47 minutes 17 seconds West for 293.00 feet to a point; thence North 71 degrees 09 minutes 21 seconds West for 86.55 feet to concrete monument; thence North 89 degrees 10 minutes 24 seconds West for 1042.24 feet to a concrete monument; thence South 01 degree 06 minutes 45 seconds West for 460.11 feet to a concrete monument; thence North 88 degrees 48 minutes 02 seconds West for 683.17 feet to a concrete monument; thence North 01 degree 06 minutes 22 seconds East for 654.34 feet to a concrete monument; thence North 89 degrees 13 minutes 20 seconds West for 1363.97 feet to a concrete monument; thence

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South 01 degree 10 minutes 00 seconds West for 2637.42 feet to a concrete monument; thence North 89 degrees 15 minutes 15 seconds West for 1318.57 feet to a concrete monument; thence South 00 degrees 40 minutes 16 seconds East for 664.71 feet to a concrete monument; thence, South 89 degrees 27 minutes 23 seconds East for 1297.30 feet to a concrete monument; thence South 01 degrees 10 minutes 00 seconds West for 1318.97 feet to a concrete monument; thence South 89 degrees 12 minutes 44 seconds East for 940.61 feet to a point; thence South 70 degrees 10 minutes 32 seconds East for 238.68 feet to a concrete monument; thence South 78 degrees 39 minutes 16 seconds East for 355.26 feet to a concrete monument; thence South 49 degrees 26 minutes 50 seconds East for 16.15 feet to a point; thence South 58 degrees 15 minutes 33 seconds East for 95.08 feet to a point; thence South 73 degrees 16 minutes 51 seconds East for 41.04 feet to point; thence South 89 degrees 29 minutes 25 seconds East for 147.97 feet to a concrete monument; thence North 15 degrees 19 minutes 18 seconds East for 219.61 feet to a concrete monument; thence South 89 degrees 12 minutes 44 seconds East for 1034.47 feet to a point on the westerly right of way of the Southern Railway, thence running along the westerly right of way of the Southern Railway North 18 degrees 07 minutes 52 seconds East for 4388.46 feet to a point which is the point of beginning. Said tract of land containing 380.79 acres, more or less. TRACT II: Beginning at the intersection of the centerline of US Highway 411 with the westerly right of way of Southern Railway and running South 17 degrees 13 minutes 31 seconds West for 2101.96 feet to a point; thence South 05 degrees 02 minutes 05 seconds East for 254.20 feet to a concrete monument which is the point of beginning. FROM SAID POINT OF BEGINNING run thence South 86 degrees 05 minutes 20 seconds East for 170.36 feet to a concrete monument; thence North 37 degrees 57 minutes 46 seconds East for 257.45 feet to a point; thence North 54 degrees 06 minutes 46 seconds East for 154.07 feet to a point; thence South 80 degrees 16 minutes 45 seconds East for 131.72 feet to a concrete monument; thence South 35 degrees 25 minutes 40 seconds East for 149.36 feet to a point; thence South 75 degrees 03 minutes 14 seconds East for 52.26 feet to a point on the westerly right of way of Old Mill Road; running thence along said right of way South 27 degrees 25 minutes 59 seconds East for 37.72 feet to a concrete monument; thence South 62 degrees 34 minutes 01 seconds East for 24.96 feet to a point; thence South 27 degrees 25 minutes 59 seconds West for 462.37 feet to a point; thence South 25 degrees 08 minutes 59 seconds West a

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chord distance of 459.78 feet (an arc distance of 459.90 feet) to a point; thence South 22 degrees 51 minutes 59 seconds West for 178.66 feet to a point; thence North 67 degrees 08 minutes 01 seconds West for 14.98 feet to a point; thence South 22 degrees 51 minutes 59 seconds West for 727.30 feet to a concrete monument; thence South 23 degrees 46 minutes 59 seconds West a chord distance of 119.95 feet (an arc distance of 119.95 feet) to a concrete monument; thence South 65 degrees 18 minutes 01 seconds East for 14.98 feet to a point; thence South 27 degrees 47 minutes 17 seconds West a chord distance of 405.55 feet (an arc distance of 405.74 feet) to a concrete monument; thence South 30 degrees 51 minutes 58 seconds west for 336.06 feet to a concrete monument; thence North 59 degrees 08 minutes 01 seconds West for 24.96 feet to a concrete monument; thence South 30 degrees 51 minutes 59 seconds West for 65.08 feet to a point; thence South 27 degrees 01 minutes 30 seconds West a chord distance of 393.24 feet (an arc distance of 393.53 feet) to a concrete monument; thence South 66 degrees 48 minutes 58 seconds East for 24.96 feet to a point; thence South 20 degrees 16 minutes 00 seconds West a chord distance of 296.20 feet (an arc distance of 296.33 feet) to a point; thence South 17 degrees 20 minutes 59 seconds West for 803.33 to a concrete monument; thence South 16 degrees 39 minutes 04 seconds West a chord distance of 140.69 feet (an arc distance of 140.69 feet) to a point; thence leaving the westerly right of way of Old Mill Road and running North 89 degrees 12 minutes 44 seconds West for 244.54 feet to a concrete monument on the easterly right of way of Southern Railway; thence running along said right of way North 18 degrees 07 minutes 52 seconds East for 4123.53 feet to a concrete monument and the point of beginning. Said tract of land containing 38.44 acres, more or less. TRACT III: Begin at the intersection of the centerline of U.S. Highway 411 and the westerly right of way of Southern railway and running South 17 degrees 13 minutes 31 seconds West for 2101.96 feet to a point; thence South 05 degrees 02 minutes 05 seconds east for 254.20 feet to a concrete monument; thence South 86 degrees 05 minutes 20 seconds East for 170.36 feet to a concrete monument; thence North 37 degrees 57 minutes 46 seconds east for 257.45 feet to a point; thence North 54 degrees 06 minutes 46 seconds East for 154.07 feet to a point; thence South 80 degrees 16 minutes 45 seconds East for 131.72 feet to a concrete monument; thence South 35 degrees 25 minutes 40 seconds East for 149.36 feet to a point; thence South 75 degrees 03 minutes 14 seconds East for 52.26 feet to a point on the westerly right of way of Old Mill Road; thence South 73 degrees 27 minutes 31 seconds East for 152.51 feet to a point on the easterly right of way of Old Mill Road and which point is the point of beginning:

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FROM SAID POINT OF BEGINNING thence running South 01 degree 02 minutes 46 seconds West for 225.18 feet to a point; thence South 79 degrees 15 minutes 46 seconds West for 159.04 feet to a point on the easterly right of way of Old Mill Road; running along said right of way North 27 degrees 25 minutes 59 seconds East for 234.73 feet to a concrete monument; thence South 62 degrees 34 minutes 01 seconds east for 24.96 feet to a point; thence North 27 degrees 25 minutes 59 seconds East for 65.28 feet to the point of beginning. Said tract containing 0.45 acres, more or less. TRACT IV: Beginning at the intersection of the centerline of U.S. Highway 411 with the westerly right of way of Southern Railway and running South 17 degrees 13 minutes 31 second West for 2101.96 feet to a point; thence South 05 degrees 02 minutes 05 seconds East for 254.20 feet to a concrete monument; thence South 86 degrees 05 minutes 20 seconds East for 170.36 feet to a concrete monument; thence North 37 degrees 57 minutes 46 seconds East for 257.45 feet to a point; thence North 54 degrees 06 minutes 46 seconds East for 154.07 feet to a point; thence South 80 degrees 16 minutes 45 seconds East for 131.72 feet to a concrete monument; thence South 35 degrees 25 minutes 40 seconds East for 149.36 feet to a point; thence South 75 degrees 03 minutes 14 seconds East for 52.26 feet to a point on the westerly right of way of Old Mill Road; running thence along said right of way South 27 degrees 25 minutes 59 seconds West for 37.72 feet to a concrete monument; thence South 62 degrees 34 minutes 01 seconds east for 24.96 feet to a point; thence South 27 degrees 25 minutes 59 seconds West for 462.37 feet to a point; thence South 25 degrees 08 minutes 59 seconds West a chord distance of 459.78 feet (an arc distance of 459.90 feet) to a point; thence South 22 degrees 51 minutes 59 seconds West for 178.66 feet to a point; thence South 08 degrees 04 minutes 05 seconds West for 390.89 feet a point on the easterly right of way of Old Mill Road and which point is the point of beginning: FROM SAID POINT OF BEGINNING thence running South 89 degrees 03 minutes 52 seconds East for 480.40 feet to a concrete monument; thence South 46 degrees 02 minutes 42 seconds West for 1184.47 feet to a point on the easterly right of way of Old Mill Road; running thence along said right of way North 30 degrees 51 minutes 59 seconds east for 19.09 feet to a concrete monument; thence North 58 degrees 47 minutes 55 seconds West for 19.97 feet to a concrete monument; thence North 28 degrees 09 minutes 17 seconds East a chord distance of 366.70 feet (an arc distance of 366.84 feet) to a concrete monument; thence South 64 degrees 50 minutes 43 seconds East for 9.98 feet to a concrete monument; thence North 24 degrees 09 minutes 00 seconds East a chord

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distance of 173.57 feet (an arc distance of 173.58 feet) to a point; thence North 22 degrees 51 minutes 59 seconds East for 78.54 feet to a concrete monument; thence North 67 degrees 25 minutes 06 seconds West for 9.98 feet to a concrete monument; thence North 22 degrees 51 minutes 59 seconds East for 270.88 feet to the point of beginning. Said tract contains 4.50 acres of land, more or less. TRACT V: Beginning at a concrete monument located at the southeast corner of Land Lot 1013 and running thence north 89 degrees 12 minutes 44 seconds west along the south land lot line of Land Lot 1013 a distance of 724.13 feet to a point located on the easterly right of way line of Old Mill Road (a variable right of way); run thence north 16 degrees 47 minutes 16 seconds east along said right of way a chord distance of 111.18 feet (an arc distance of 111.18 feet) to a concrete monument; run thence south 72 degrees 39 minutes 01 seconds east along said right of way a distance of 29.95 feet to a point; run thence north 17 degrees 20 minutes 59 seconds east along said right of way a distance of 803.33 feet to a point; continue thence north 19 degrees 44 minutes 52 seconds east along said right of way a chord distance off 232.67 feet (an arc distance of 232.74 feet) to a concrete monument; run thence North 66 degrees 10 minutes 01 seconds west along said right of way a distance of 29.96 feet to a concrete monument; run thence north 26 degrees 30 minutes 54 seconds east along said right of way a chord distance of 426.43 feet (an arc distance of 426.84 feet) to a concrete monument; run thence North 30 degrees 51 minutes 59 seconds east along said right of way a distance of 63.58 feet to a concrete monument; run thence South 58 degrees 28 minutes 45 seconds east along said right of way a distance of 19.97 feet to a concrete monument; run thence north 30 degrees 51 minutes 59 seconds east along said right of way a distance of 310.45 feet to a point; run thence south 00 degrees 51 minutes 01 seconds west along the east land lot line of Land Lot 1013 a distance of 1797.73 feet to a concrete monument located at the southeast corner of Land Lot 1013 and the point of beginning. Said tract containing 16.82 acres. The above described tracts of land comprise 441.00 acres, more or less, per a survey for the Georgia School For The Deaf-Gordon Campus, prepared by James C. Jones, K.L.S., dated February 15, 1994, and recorded in Plat Book , Page , Floyd County, Georgia Deed Records. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Cave Spring and authorize the State School Superintendent and State Board of Education to execute all

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documents required and to take any action necessary to make application to the City of Cave Spring for the annexation of such real property pursuant to Code Section 36-36-21 of the Official Code of Georgia Annotated. Approved April 11, 1995. STATE PROPERTY EXCHANGE OF PROPERTY WITH CARROLL COUNTY BOARD OF EDUCATION; SALE OF PROPERTY LOCATED IN WHITFIELD COUNTY; SALE OF PROPERTY TO STEPHENS COUNTY BOARD OF EDUCATION. No. 47 (House Resolution No. 231). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Carroll County, Georgia, to the Carroll County Board of Education and the acceptance of certain real property owned by the Carroll County Board of Education located in Carroll County, Georgia, in consideration therefor; authorizing the conveyance of certain state owned real property located in Whitfield County, Georgia; authorizing the conveyance of certain state owned real property located in Stephens County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The Carroll County Board of Education is the owner of approximately four acres located on the southeastern boundary of the Carroll Technical Institute Campus in Carroll County; and the State of Georgia is the owner of approximately 0.3 of one acre of real property located on the southern boundary of the Carroll Technical Institute Campus in Carroll County, Georgia; said tracts are more particularly described on individual plats of survey dated January 20, 1994, and February 12, 1994, respectively, prepared by Timothy L. McGukin, Georgia Registered Land Surveyor No. 2289, each on file in the offices of the State Properties Commission; and (2) Custody of the subject state owned real property is vested in the Department of Technical and Adult Education; and (3) The Carroll County Board of Education is desirous of exchanging the above-described four-acre tract for that certain 0.3 of one acre tract of state owned property in order to build a child development center at the adjoining vocational high school; and (4) The Department of Technical and Adult education is desirous of obtaining the above-described four-acre tract located on the southeastern

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boundary of Carroll Technical Institute to expand parking facilities; and (5) The exchange of the above-described tracts of real property would be beneficial both to the State of Georgia and the Carroll County Board of Education; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; and (2) Said real property is all that portion of the Western and Atlantic Railroad right of way located in Land Lots 112 and 117 of the Twelfth District, Third Section of Whitfield County, Georgia, containing approximately 9.8 acres and designated as Parcel No. 2 on Map No. V2/50 on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Grantee to the State Properties Commission for approval; and (3) Said property is under the custody of the State Properties Commission and is leased to CSX Transportation, Inc.; and (4) Said property is a portion of the site for a proposed industrial development; and (5) The State of Georgia, Whitfield County, and CSX Transportation, Inc. are desirous of developing said industrial site. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; and (2) Said real property, which was intended to be the location of a proposed maintenance facility for the National Guard Armory, is all that tract or parcel of land containing 1.47 acres lying and being in the City of Toccoa, Stephens County, Georgia, and is more particularly described in a plat of survey entitled Georgia Army National Guard dated February 14, 1986, by Clelland A. Tyson, Georgia Registered Land Surveyor No. 1515, on file with the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Defense; and (4) The Department of Defense no longer intends to construct the above-mentioned maintenance facility and the property is not being utilized by the State of Georgia and is therefore surplus to its needs; and

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(5) The Stephens County Board of Education conveyed the above-described property to the State of Georgia on September 18, 1986, for the consideration of $10.00; and (6) The Stephens County Board of Education is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 SECTION 1 . That, in all matters relating to conveyance of the herein described state owned real property in Carroll County and the acceptance of the herein described real property owned by the Carroll County Board of Education, 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, is authorized and empowered to convey by appropriate instrument to the Carroll County Board of Education the hereinabove described state owned real property located in Carroll County and to accept in consideration therefor from the Carroll County Board of Education the hereinabove described property owned by the Carroll County Board of Education. SECTION 3 . That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such exchange. SECTION 4 . That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. SECTION 5 . That the conveyance considered in this article shall contain such other reasonable terms and conditions 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 property, so long as the description utilized by the State Properties Commission describes the same conveyance area considered in this resolution. SECTION 6 . That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 7 . That the authorization in this resolution to convey the above-described state owned property to the Carroll County Board of Education and to accept the above-described Carroll County Board of Education owned property from the Carroll County Board of Education shall expire three years after the date that this resolution becomes effective. ARTICLE 2 SECTION 8 . That the State of Georgia is the owner of the above-described real property located in Whitfield County 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 9 . That the above-described real property located in Whitfield County shall be conveyed by appropriate instrument to a person, corporation, company, governmental body, authority, or other entity as determined by the State Properties Commission to be in the best interest of the State of Georgia, for a consideration of not less than the fair market value of such property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 10 . That the conveyance of the above-described real property located in Whitfield County shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc. (formerly known as the Louisville Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument. SECTION 11 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 12 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 3 SECTION 13 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 14 . That the above-described real property shall be conveyed by appropriate instrument to the Stephens County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 15 . That the authorization in this resolution to convey the above-described property to the Stephens County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 16 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 4 SECTION 18 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 19 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995. M.L. KING, JR. DRIVE DESIGNATED; BROOKS COUNTY. No. 48 (House Resolution No. 160). A RESOLUTION Designating that portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge as the M. L. King, Jr. Drive; and for other purposes. WHEREAS, the Reverend Martin Luther King, Jr., is acknowledged as one of this nation's most influential and principled social and political leaders; and

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WHEREAS, the charisma, morality, and resiliency of this illustrious civil rights advocate engendered the respect and recognition of citizens and communities throughout this state; and WHEREAS, the City of Quitman has named that portion of State Highway 333 that is located within the city limits as M. L. King, Jr. Drive in honor of the Reverend Martin Luther King, Jr.; and WHEREAS, it is only fitting that the portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge continue to salute this native Georgian who contributed so notably to human equality and justice for all. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate that portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge as M. L. King, Jr. Drive in honor of the Reverend Martin Luther King, Jr. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers designating that portion of State Highway 333 in accordance with this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to send an appropriate copy of this resolution to the commissioner of transportation. Approved April 11, 1995. STATE PROPERTY EASEMENT TO MRS. JANE B. MCLANE AND HER HEIRS; BOWENS MILL POND. No. 49 (House Resolution No. 174). A RESOLUTION Authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Brooks County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in Land Lots 433, 434, 441, 442, 479 and 480 of the 12th Land District of Brooks County, Georgia, being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the intersection of the existing northern right of way line of U.S. 84 and

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the common line between Emmett Mitchell III and Jane B. McLane/D.B. McDonald; thence proceeding northeasterly following said common line N 01 13[prime] 30[Prime] E for 1,577.73 feet to a concrete marker, thence proceed S 89 32[prime] 18[Prime] E for 336.35 feet to a concrete marker; thence proceed N 08 01[prime] 16[Prime] W for 771.18 feet to an iron pin, the TRUE POINT OF BEGINNING; with the TRUE POINT of BEGINNING thus established proceed N 39 04[prime] 24[Prime] W for 1,005.08 feet to an iron pin; thence proceed N 87 48[prime] 02[Prime] E for 197.25 feet to an iron pin; thence proceed N 35 17[prime] 24[Prime] W for 166.20 feet to a point; thence proceed N 57 35[prime] 49[Prime] E for 313.37 feet to a point; thence proceed N 12 07[prime] 30[Prime] E for 307.85 feet to a point; thence proceed N 16 22[prime] 02[Prime] E for 123.87 feet to a point; thence proceed N 34 06[prime] 20[Prime] E for 200.03 feet to a point; thence proceed N 67 08[prime] 10[Prime] E for 324.04 feet to a point; thence proceed N 66 10[prime] 56[Prime] E for 98.28 feet to a point; thence proceed, N 80 31[prime] 11[Prime] E for 134.37 feet to a point; thence proceed N 56 02[prime] 09[Prime] E for 118.43 feet to a point; thence proceed N 71 29[prime] 56[Prime] E for 72.01 feet to a point; thence proceed N 80 07[prime] 13[Prime] E for 131.50 feet to a point; thence proceed N 68 47[prime] 00[Prime] E for 217.64 feet to a point; thence proceed N 70 10[prime] 38[Prime] E for 172.89 feet to a point; thence proceed N 69 49[prime] 03[Prime] E for 208.61 feet to an iron pin; thence proceed S 86 54[prime] 27[Prime] E for 142.47 feet to a point; thence proceed N 71 01[prime] 43[Prime] E for 171.19 feet to a point; thence proceed N 58 08[prime] 51[Prime] E for 122.52 feet to a point; thence N 77 54[prime] 24[Prime] E for 254.35 feet to a point; thence proceed N 80 25[prime] 19[Prime] E for 234.26 feet to a point; thence proceed S 79 40[prime] 48[Prime] E for 170.37 feet to a point; thence proceed S 77 05[prime] 10[Prime] E for 122.58 feet to a point; thence proceed S 76 13[prime] 20[Prime] E for 216.21 feet to a point; thence proceed S 81 27[prime] 23[Prime] E for 204.94 feet to a point; thence proceed S 69 49[prime] 33[Prime] E for 144.12 feet to a point; thence proceed S 61 14[prime] 59[Prime] E for 171.74 feet to a point; thence proceed S 73 19[prime] 33[Prime] E for 203.23 feet to a point; thence proceed S 58 09[prime] 35[Prime] E for 192.79 feet to a point; thence proceed S 56 07[prime] 36[Prime] E for 156.20 feet to a point; thence proceed S 61 30[prime] 22[Prime] E for 180.21 feet to a point; thence proceed S 40 13[prime] 59[Prime] E for 203.93 feet to a point; thence proceed S 47 48[prime] 09[Prime] E for 280.74 feet to a point; thence proceed S 40 24[prime] 27[Prime] E for 212.93 feet to a point; thence proceed S 40 14[prime] 37[Prime] E for 218.30 feet to a point; thence proceed S 13 32[prime] 35[Prime] E for 150.33 feet to a point; thence proceed S 27 41[prime] 05[Prime] E for 106.86 feet to a point; thence proceed S 27 41[prime] 05[Prime] E for 10.83 feet to a point; thence proceed S 12 51[prime] 03[Prime] E for 189.65 feet to a point; thence proceed S 09 53[prime] 11[Prime] E for 220.72 feet to a point; thence proceed S 87 32[prime] 54[Prime] E for 89.60 feet to a point on the existing western right of way line of County Road 185; thence proceeding southeasterly following said existing right of way line S 05 24[prime] 42[Prime] E for 391.80 feet to a point; thence proceed southeasterly following said existing right of way line S 10 26[prime] 26[Prime] E for 364.10 feet to a point; thence proceed southeasterly following said existing right of way line S 01 41[prime] 42[Prime] W for 474.04 feet to a point; thence proceed N 88 43[prime]

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47[Prime] W for 221.92 feet to a point; thence proceed S 53 54[prime] 43[Prime] E for 90.28 feet to a point; thence proceed S 30 44[prime] 57[Prime] E for 262.05 feet to a point; thence proceed S 20 52[prime] 18[Prime] W for 154.72 feet to a point; thence proceed S 65 02[prime] 03[Prime] W for 170.15 feet to a point; thence proceed N 84 11[prime] 18[Prime] W for 195.95 feet to a point; thence proceed S 02 12[prime] 35[Prime] W for 856.49 feet to a point; thence proceed S 75 14[prime] 14[Prime] W for 1,984.88 feet to a point; thence proceed N 10 17[prime] 13[Prime] W for 117.99 feet to a concrete marker; thence proceed S 85 45[prime] 06[Prime] W for 58.16 feet to a point; thence proceed N 87 37[prime] 18[Prime] W for 87.73 feet to a point; thence proceed N 60 30[prime] 59[Prime] W for 231.64 feet to a point; thence proceed N 66 36[prime] 27[Prime] W for 169.90 feet to a point; thence proceed N 57 01[prime] 21[Prime] W for 244.01 feet to a point; thence proceed N 63 08[prime] 02[Prime] W for 121.89 feet to a concrete marker; thence proceed N 73 47[prime] 22[Prime] W for 211.02 feet to a point; thence proceed N 39 58[prime] 00[Prime] W for 1,097.34 feet to a point; thence proceed N 22 21[prime] 31[Prime] W for 174.76 feet to a point; thence proceed N 37 19[prime] 14[Prime] W for 281.03 feet to a point; thence proceed N 23 36[prime] 59[Prime] W for 215.32 feet to a point; thence proceed N 30 01[prime] 56[Prime] W for 894.37 feet back to THE TRUE POINT OF BEGINNING. Said described land being for the construction of a Mitigation Area for the replacement of wetlands as required by Section 404 of the Federal Clean Water Act of 1977 amended 1978; Said tract containing 443.64 acres and being that same tract or parcel of land shown as tract 1 on a plat recorded in Plat Book 11, page 205, in the office of the Clerk of Superior Court, Brooks County, Georgia. and WHEREAS, said real property is known as Bowens Mill Pond and was formerly owned, in part, by Mr. Paul H. Bennet, a life-long resident of Brooks County; and WHEREAS, Mr. Bennet's daughter, Mrs. Jane B. McLane, still owns land adjacent to Bowens Mill Pond and desires access to Bowens Mill Pond for her and her heirs, including Mary Cam McLane Harding and Paul C. McLane, for recreational purposes, including fishing but not including hunting; and WHEREAS, the conveyance of an easement allowing access to Bowens Mill Pond by Mrs. McLane and her heirs for recreational purposes will not interfere with the purposes for which said real property was acquired by the Georgia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the Georgia Department of Transportation is the owner of the above-described real property and is hereby authorized to convey to Mrs.

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Jane B. McLane and her heirs, including Mary Cam McLane Harding and Paul C. McLane, an easement of access for recreational purposes to Bowens Mill Pond. SECTION 2 . That the easement of access for recreational purposes to the above-described real property shall specifically exclude any right or privilege to hunt or discharge any firearms on or across said property. SECTION 3 . That said easement shall be granted by appropriate instrument to Mrs. Jane B. McLane and her heirs, including Mary Cam McLane Harding and Paul C. McLane, for a period of 70 years, and permit them to allow a total of six persons at any one time to use Bowen Mill Pond for the aforesaid recreational purposes. SECTION 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1995. STATE PROPERTY CONVEYANCE TO CITY OF CAVE SPRING; CONSENT TO ANNEXATION BY CITY OF ACWORTH. No. 50 (House Resolution No. 155). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; to consent to the annexation of certain state owned real property located in Cobb County into the corporate limits of the City of Acworth; to provide an effective date; to repeal conflicting laws; and for other purposes. Part 1 WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Floyd County, Georgia, lying and being a part of Land Lots 872 and 873 of the 3rd District of Floyd County, Georgia, consisting of approximately 17.54 acres and including parcels A, B, C, and D, according

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to a plat of survey prepared by N. B. DeLoach, Georgia Registered Land Surveyor No. 1347, dated April 19, 1990; and WHEREAS, said property is under the custody of the Georgia Department of Education and is a portion of the old campus of the Georgia School for the Deaf in Cave Spring; and WHEREAS, the Department of Education has constructed a new campus and the majority of the site is no longer in use; and WHEREAS, a majority of said parcel is not being utilized by the Georgia Department of Education and is therefore surplus to its needs; and WHEREAS, the City of Cave Spring has expressed an interest in acquiring the above-described property in order to enhance development in the area. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of said property the State of Georgia is acting by and through its State Properties Commission. SECTION 2 . That the above-described real property shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value of such property and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to the City of Cave Spring shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. Part 2 WHEREAS, the State of Georgia is the owner of certain real property located in Cobb County; and

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WHEREAS, such property is under the control of the Georgia Department of Transportation; and WHEREAS, such property is located adjacent to the present corporate limits of the City of Acworth; and WHEREAS, Code Section 36-36-32 of the O.C.G.A. authorizes the annexation of such property upon the application of the owners of 60 percent of the land and 60 percent of the resident electors; and WHEREAS, such real property is more particularly described as follows: All of that portion of U.S. Highway 41 and the right of way of said highway located in Cobb County from the intersection of said U.S. Highway 41 and State Highway 92 south to the intersection of said U.S. Highway 41 and Blue Springs Road. SECTION 6 . That the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Acworth and authorize the State Department of Transportation to execute all documents required and to take any action necessary to make application to the City of Acworth for the annexation of such real property pursuant to Code Section 36-36-32 of the O.C.G.A. Part 3 SECTION 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1995. GAME AND FISH GAME FISH; ADMINISTRATIVE LAW JUDGES; CREEL AND POSSESSION LIMITS; ARTIFICIAL-LURE STREAMS; USE OF LIVE FISH FOR BAIT; TROUT WATERS WITH AND WITHOUT SEASONS. Code Sections 27-1-2, 27-1-5, 27-4-10, 27-4-36, and 27-4-50 through 27- 4-53 Amended. No. 313 (Senate Bill No. 201). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of game fish; to change the

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provisions relating to the applicability of the Georgia Administrative Procedure Act to Title 27 generally; to provide for clarification of certain references contained in said title; to provide for appeals; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to change the hours of legal fishing on certain streams; to move certain streams from the list of trout waters with seasons to the list of trout waters without seasons; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in their entirety subparagraphs (E), (F), and (G) of paragraph (36) of Code Section 27-1-2, relating to the definition of game fish, and inserting in lieu thereof, respectively, the following: (E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers); (iii) Rockbass (goggleye); (iv) Shadow bass; (v) Redbreast Sunfish; (vi) Redear Sunfish; (vii) Bluegill (bream); and (viii) Warmouth; (F) Perch: (i) Walleye; and (ii) Sauger; (G) Pickerel: (i) Chain pickerel; (ii) Grass pickerel; and (iii) Redfin pickerel; and SECTION 2 . Said title is further amended by adding two new subsections (d) and (e) to Code Section 27-1-5, relating to the applicability of the Georgia Administrative Procedure Act to Title 27 generally, to read as follows:

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(d) Notwithstanding any other law to the contrary, any reference to an administrative law judge or hearing officer in this title shall be to an administrative law judge appointed by the chief state administrative law judge. The decision of the administrative law judge shall constitute the final administrative decision in any matter and any party to the matter, including the commissioner, shall have the right of judicial review in accordance with Chapter 13 of Title 50. Any request for administrative review by an administrative law judge appointed by the chief state administrative law judge shall be filed with the commissioner. (e) Notwithstanding any other law to the contrary, any reference to a final decision of the Board of Natural Resources in this title shall be to a final administrative decision by an administrative law judge appointed by the chief state administrative law judge. SECTION 3 . Said title is further amended by striking Code Section 27-4-10, relating to creel and possession limits, in its entirety and inserting in lieu thereof the following: 27-4-10. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than: (1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass; (2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout; (3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length: (A) White bass; (B) Striped bass;

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(C) Striped-white bass hybrids; (4) Notwithstanding the provisions of paragraph (3) of this Code section to the contrary, from the Ogeechee River, the Oconee River downstream of Georgia Highway 22 in Milledgeville, the Ocmulgee River downstream of the Georgia Highway 96 bridge between Houston and Twiggs counties, the Altamaha River, and the Satilla River; from the tributaries to such described sections; and from salt water as defined in Code Section 27-4-1 two of any one or a combination of the following species each of which must be 22 inches or longer: (A) White bass; (B) Striped-white bass hybrids; (C) Striped bass; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike); (7) Eight sauger; (8) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin; (9) Thirty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; (10) Eight of any one or a combination of the following species: (A) American shad; (B) Hickory shad; (11) A total of 50 of all of the species named in this Code section. SECTION 4 . Said title is further amended by striking subsection (b) of Code Section 27-4-36, relating to artificial-lure streams, in its entirety and inserting in lieu thereof the following: (b) The following streams are declared to be artificial-lure streams: (1) That portion of the Chattahoochee River from Georgia Highway 20 downstream to the boat ramp at the National Park Service Medlock Bridge Park immediately upstream of Georgia Highway 141;

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(2) Noontootla Creek and its tributaries on the Blue Ridge Management Area; (3) Coleman River and its tributaries from the junction with Tallulah River upstream to Forest Service Bridge No. 54; (4) Jones Creek and its tributaries on the Blue Ridge Management Area; (5) Mountaintown Creek and its tributaries above SCS structure No. 2; (6) Stanley Creek and its tributaries on the Rich Mountain Management Area; (7) Hoods Creek and its tributaries on the Warwoman Management Area; (8) Walnut Fork and its tributaries on the Warwoman Management Area; (9) Conasauga River upstream of the Georgia-Tennessee state line and its tributaries to that portion of the river; provided, however, Conasauga River and its tributaries shall not be artificial-lure streams from the last Saturday in March through October 31 of each year; and (10) Dukes Creek in White County downstream from the United States Forest Service property boundary. SECTION 5 . Said title is further amended by striking paragraph (b) of Code Section 27-4-50, relating to manner of fishing, in its entirety and inserting in lieu thereof the following: (b) It shall be unlawful to use live fish for bait in any waters designated in Code Section 27-4-52 or 27-4-53; provided, however, that it shall not be unlawful to use live fish for bait in that section of the Chattahoochee River downstream of Morgan Falls Dam. SECTION 6 . Said title is further amended by striking subsection (c) of Code Section 27-4-51, relating to hours, in its entirety and inserting in lieu thereof the following: (c) Those streams designated as trout streams without seasons in Code Section 27-4-52 shall be open for fishing 24 hours a day; provided, however, this subsection shall not apply to the Conasauga River watershed upstream of the Georgia-Tennessee state line nor to the Chattahoochee River downstream of Lake Lanier.

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SECTION 7 . Said title is further amended by striking Code Section 27-4-52, relating to trout waters without seasons, in its entirety and inserting in lieu thereof the following: 27-4-52. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year: (1) Bartow County: (A) Connesena Creek watershed; (B) Dykes Creek watershed; (C) Pine Log Creek watershed; (D) Pyle Creek watershed; (E) Salacoa Creek watershed; (F) Spring Creek watershed; (G) Stamp Creek watershed; (H) Two Run Creek watershed; and (I) Ward Creek watershed; (2) Carroll County: (A) Brooks Creek watershed; (B) Mud Creek watershed; and (C) Tallapoosa River; (3) Catoosa County: (A) Dry Creek watershed, which is a part of the East Chickamauga Creek watershed, upstream of Catoosa County Road 257; (B) Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and (C) Tiger Creek watershed upstream from Georgia Highway 2; (4) Chattooga County: (A) Little Armuchee Creek watershed upstream from County Road 326; (B) Storey Mill Creek watershed; and

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(C) Taliaferro Creek watershed; (5) Cherokee County: (A) Bluff Creek watershed upstream of Cherokee County Road 114; (B) Murphy Creek watershed; (C) Pine Log Creek watershed; (D) Salacoa Creek watershed; (E) Sope Creek watershed upstream of Cherokee County Road 116; (F) Stamp Creek watershed; and (G) Wiley Creek watershed; (6) Cobb County: Chattahoochee River downstream to the lower or most southerly crossing of I-285; (7) Dade County: (A) Allison Creek watershed; and (B) Lookout Creek watershed, upstream from Dade County Road 197; (8) Dawson County: Amicalola Creek from Road S 2275 downstream to Georgia Highway 53; (9) Fannin County: (A) Conasauga River watershed; (B) Ellijay River watershed; (C) Fightingtown Creek watershed; (D) Noontootla Creek Watershed; (E) Rock Creek watershed, including Rock Creek Lake; and (F) Toccoa River: Entire length, but not including tributaries, except as listed in this Code section; (10) Floyd County: (A) Dykes Creek watershed; (B) Little Cedar Creek watershed; (C) Silver Creek watershed upstream of Georgia Highway 1E; (D) Spring Creek watershed, which flows into Etowah River; and (E) Spring Creek watershed, which flows into State of Alabama; (11) Forsyth County: Chattahoochee River;

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(12) Fulton County: Chattahoochee River downstream to the lower or most southerly crossing of I-285; (13) Gilmer County: (A) Ball Creek watershed; (B) Cartecay River watershed; (C) Conasauga River watershed; (D) Coosawattee River from confluence of Cartecay and Ellijay rivers downstream to old Georgia Highway 5 bridge; (E) Ellijay River watershed; (F) Mountaintown Creek watershed; (G) Noontootla Creek Watershed; (H) Sevenmile Creek watershed; (I) Town Creek watershed; and (J) Wildcat Creek watershed; (14) Gordon County: (A) Long Branch watershed; (B) Pine Log Creek watershed upstream from Georgia Highway 53; and (C) Salacoa Creek watershed upstream from U.S. Highway 411; (15) Gwinnett County: Chattahoochee River; (16) Habersham County: (A) Chattahoochee River downstream to Georgia Highway 115; (B) Liberty Creek watershed; (C) North Fork Broad River watershed; (D) Panther Creek watershed; (E) Roberts Branch watershed; (F) Sautee Creek: Entire length downstream from Georgia Highway 255 Alternate bridge; (G) Soque River watershed from King's Bridge, which is Georgia Highway 197 below the mouth of Shoal Creek, downstream to the mouth of Deep Creek; and (H) Toccoa Creek watershed; (17) Haralson County:

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(A) Mountain Creek watershed; (B) Tallapoosa Creek watershed; and (C) Tallapoosa River watershed upstream from County Road 222; (18) Hart County: Savannah River from Hartwell Dam downstream to Richard B. Russell Lake; (19) Lumpkin County: (A) Chestatee River from Tate Bridge, which is the first bridge below Turner's Corner, downstream to the mouth of Tesnatee Creek; (B) Etowah River from Jay Bridge downstream to Castleberry Bridge; and (C) Yahoola Creek watershed downstream from the mouth of Bryant Creek to Georgia Highway 52; (20) Murray County: (A) Conasauga River watershed upstream from the Georgia-Tennessee state line; (B) Holly Creek watershed, including Dill Creek watershed, upstream from Dill Creek; (C) Mill Creek watershed upstream from Murray County Road 27; (D) Mill Creek watershed, which is within Holly Creek watershed; and (E) Rock Creek watershed, the most northern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 301; (21) Paulding County: (A) Pyle Creek watershed; (B) Simpson Creek watershed; (C) Tallapoosa River watershed; (D) Thompson Creek watershed; and (E) Ward Creek watershed; (22) Pickens County: (A) Ball Creek watershed; (B) Bluff Creek watershed; (C) Cartecay River watershed;

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(D) Fourmile Creek watershed; (E) Hobson Creek watershed; (F) Little Scarecorn Creek watershed; (G) Long Branch watershed; (H) Long Swamp Creek watershed, including Darnell Creek watershed, upstream from Cove Creek; (I) Mud Creek watershed; (J) Rock Creek watershed; (K) Salacoa Creek watershed; (L) Scarecorn Creek watershed upstream from Georgia Highway 53; (M) Sevenmile Creek watershed; (N) Sharp Mountain Creek watershed; (O) Sope Creek watershed; (P) Talking Rock Creek watershed upstream from Road S1011; (Q) Town Creek watershed; and (R) Wildcat Creek watershed; (23) Polk County: (A) Cedar Creek watershed upstream from Polk County Road 121; (B) Fish Creek watershed upstream of Plantation Pipeline; (C) Little Cedar Creek watershed; (D) Silver Creek watershed; (E) Simpson Creek watershed upstream of Lake Dorene; (F) Spring Creek watershed; (G) Swinney Creek watershed; (H) Thomasson Creek watershed; and (I) Thompson Creek watershed upstream of Polk County Road 441; (24) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina; (B) Chattooga River, West Fork: Entire length;

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(C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge; (D) Overflow Creek: Entire watershed; (E) Stekoa Creek watershed; and (F) Tallulah River: Downstream to Lake Rabun; (25) Stephens County: (A) Leatherwood Creek watershed upstream from Georgia Highway 184 bridge; (B) Little Toccoa Creek watershed; (C) North Fork Broad River watershed upstream from SCS flood control structure No. 1; (D) Panther Creek watershed; and (E) Toccoa Creek watershed upstream from Toccoa Falls; (26) Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; (C) Hiawassee River: Entire length downstream from Brown Bridge which is the second bridge above U.S. Highway 76 on Georgia Highway 75; (D) Charlies Creek watershed; and (E) Tallulah River; (27) Union County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Coosa Creek: Entire watershed; (C) Ivylog Creek: Entire watershed; (D) Noontootla Creek Watershed; (E) Nottely River from U.S. Highway 129-19 bridge downstream to Nottely Reservoir; (F) Rock Creek watershed; (G) Toccoa River: Entire length, but not including tributaries except as listed in this Code section; and

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(H) Youngcane Creek: Entire watershed; (28) Walker County: (A) Chattanooga Creek watershed upstream from Walker County Road 235; (B) Concord Creek watershed; (C) Duck Creek watershed; (D) Gulf Creek watershed; (E) Little Chickamauga Creek watershed; and (F) West Armuchee Creek watershed; (29) White County: (A) Chattahoochee River downstream from the Georgia Highway 75 Alternate bridge to the Georgia Highway 115 bridge; (B) Dukes Creek watershed downstream from the United States Forest Service property boundary; (C) Little Tesnatee Creek watershed upstream from the Mouth of Turner Creek; (D) Sautee Creek: Entire length; and (E) Turner Creek watershed, which is the Turner Creek watershed nearest to Cleveland city limits; and (30) Whitfield County: (A) Coahulla Creek watershed upstream from Whitfield County Road 183; (B) Dry Creek watershed, which is a part of East Chickamauga Creek watershed; (C) Spring Creek watershed; and (D) Tiger Creek watershed. SECTION 8 . Said title is further amended by striking Code Section 27-4-53, relating to trout waters with seasons, in its entirety and inserting in lieu thereof the following: 27-4-53. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, as trout waters with seasons. It shall be

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unlawful to fish in any of the following trout waters except from the last Saturday in March through October 31 of each year: (1) Bartow County: (A) Boston Creek watershed upstream from Georgia Highway 20; and (B) Toms Creek watershed upstream from Bartow County Road 82; (2) Catoosa County: Hurricane Creek watershed upstream from Peters Branch; (3) Chattooga County: (A) Allgood Branch watershed; (B) Chappel Creek watershed; (C) Chelsea Creek watershed; (D) East Fork Little River watershed; (E) Hinton Creek watershed; (F) Kings Creek watershed; (G) Middle Fork Little River watershed; (H) Mt. Hope Creek watershed; (I) Perennial Spring watershed; (J) Raccoon Creek watershed upstream from Georgia Highway 48; and (K) Ruff Creek watershed; (4) Cherokee County: Boston Creek watershed; (5) Dade County: (A) East Fork Little River watershed; (B) Rock Creek watershed; and (C) West Fork Little River watershed; (6) Dawson County: (A) Amicalola Creek watershed upstream from County Road S 2275, which is the first bridge upstream from Georgia Highway 53; (B) Amicalola Creek tributaries from Georgia Highway 53 upstream to Road S 2275;

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(C) Shoal Creek watershed upstream from the mouth of Burt Creek; and (D) Sweetwater Creek watershed; (7) Fannin County: All streams or parts of streams, except those listed in Code Section 27-4-52; (8) Floyd County: (A) Johns Creek watershed upstream from Floyd County Road 212; (B) Kings Creek watershed; (C) Lavender Creek watershed upstream from Floyd County Road 234; (D) Mt. Hope Creek watershed; and (E) Toms Creek watershed; (9) Gilmer County: All streams or parts of streams, except: (A) Those listed in Code Section 27-4-52; and (B) Coosawattee River downstream from old Georgia Highway 5; (10) Gordon County: (A) Johns Creek watershed; (B) Pin Hook Creek watershed upstream from Gordon County Road 275; (C) Rocky Creek watershed upstream from Gordon County Road 210; and (D) Snake Creek watershed; (11) Habersham County: (A) Chattahoochee River tributaries downstream to Georgia Highway 115, except Sautee Creek downstream from Georgia Highway 255 Alternate bridge; (B) Davidson Creek watershed; (C) Middle Fork Broad River watershed; (D) Nancytown Creek watershed upstream from Nancytown Lake; and (E) Soque River watershed upstream from King's Bridge which is the Georgia Highway 197 bridge just below the mouth of Shoal Creek;

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(12) Haralson County: (A) Flatwood Creek watershed; (B) Lassetter Creek watershed; and (C) Mann Creek watershed upstream from Haralson County Road 162; (13) Lumpkin County: (A) Amicalola Creek watershed; (B) Cane Creek watershed upstream from the Georgia Highway 9-52 bridge; (C) Cavender Creek watershed; (D) Chestatee River watershed upstream from Tate Bridge, which is the first bridge below Turner's Corner; (E) Chestatee River tributaries from the mouth of Tesnatee Creek upstream to Tate Bridge, which is the first bridge below Turner's Corner; (F) Dockery Lake; (G) Etowah River watershed upstream from Jay Bridge; (H) Etowah River tributaries from Castleberry Bridge upstream to Jay Bridge; (I) Shoal Creek watershed; and (J) Yahoola Creek watershed, including Bryant Creek watershed, upstream from the mouth of Bryant Creek; (14) Murray County: (A) All tributaries to Carters Reservoir; (B) Jacks River watershed upstream from Georgia-Tennessee state line; (C) North Prong Sumac Creek watershed; (D) Rock Creek watershed, the most southern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 4; (E) Sugar Creek watershed upstream from Murray County Road 4; and (F) Sumac Creek watershed upstream from Coffey Lake;

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(15) Paulding County: (A) Possum Creek watershed upstream from Paulding County Road 64; (B) Powder Creek watershed; (C) Pumpkinvine Creek watershed upstream from Paulding County Road 231; and (D) Raccoon Creek watershed upstream from Road SR 2299; (16) Pickens County: (A) Amicalola Creek watershed; (B) Fisher Creek watershed; (C) Cove Creek watershed upstream from Pickens County Road 294; and (D) Pin Hook Creek watershed; (17) Polk County: (A) Lassetter Creek watershed; and (B) Pumpkinpile Creek watershed upstream from Polk County Road 437; (18) Rabun County: All streams, except: (A) Those listed in Code Section 27-4-52; and (B) The Tallulah River downstream from Lake Rabun Dam; (19) Stephens County: Middle Fork Broad River watershed upstream from SCS flood control structure No. 44; (20) Towns County: All streams, except those listed in Code Section 27-4-52; (21) Union County: All streams, except: (A) Those listed in Code Section 27-4-52; (B) Butternut Creek watershed; and (C) Nottely River downstream from Nottely Dam; (22) Walker County: (A) Allen Creek watershed; (B) Chappel Creek watershed;

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(C) Dry Creek watershed, which is a tributary to East Armuchee Creek; (D) East Armuchee Creek watershed upstream from Georgia Highway 136; (E) East Fork Little River watershed, which flows into Dade County; (F) East Fork Little River watershed, which flows into Chattooga County, including Gilreath Creek; (G) Furnace Creek watershed; (H) Harrisburg Creek watershed, including Dougherty Creek watershed, upstream from Dougherty Creek; (I) Johns Creek watershed; (J) Left Fork Coulter Branch watershed; (K) Middle Fork Little River watershed, including Cannon Branch and Hale Branch; (L) Rock Creek watershed, including Sawmill Branch, upstream from Sawmill Branch; (M) Ruff Creek watershed; (N) Snake Creek watershed; (O) West Chickamauga Creek watershed upstream from Walker County Road 107; and (P) West Fork Little River watershed; (23) White County: (A) Chattahoochee River watershed upstream from the Georgia Highway 75 Alternate bridge; (B) Chattahoochee River tributaries from Georgia Highway 75 Alternate bridge downstream to the Georgia Highway 115 bridge, except Dukes Creek watershed downstream from the United States Forest Service property boundary and Sautee Creek; and (C) Town Creek watershed upstream from the mouth of Jenny Creek; and (24) Whitfield County: (A) East Armuchee Creek watershed; (B) Snake Creek watershed and; (C) Swamp Creek watershed upstream from Whitfield County Road 9.

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SECTION 9 . Section 2 of this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. All other sections of this Act shall become effective on July 1, 1995. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. LOCAL GOVERNMENT LOCAL GOVERNMENT AUTHORITIES REGISTRATION ACT ENACTED; ANNUAL REGISTRATION OF ALL LOCAL GOVERNMENT AUTHORITIES. Code Section 36-80-16 Enacted. No. 314 (House Bill No. 250). AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to enact the Local Government Authorities Registration Act; to state legislative findings; to define terms; to provide for a process for annual registration of all local government authorities authorized to operate in the State of Georgia under general statute, local law, or local constitutional amendment; to provide for administration of the registration program by the Department of Community Affairs; to provide for the withholding of authority to enter into debt for any local government authority failing to register; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, is amended by adding a new Code Section 36-80-16 at its end to read as follows: 36-80-16. (a) This Code section shall be known and may be cited as the `Local Government Authorities Registration Act.' (b) The General Assembly finds that there is a need for the state to create and maintain a record of all local government authorities. Such a record can best be maintained through annual registration of all local government authorities.

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(c) The purpose of this Code section is to prescribe a registration process for all local government authorities authorized to operate in the State of Georgia by general statute, local law, or local constitutional amendment. (d) As used in this Code section, the term: (1) `Local government authority' includes without limitation instrumentalities of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality, not to include state authorities. Local government authorities include joint authorities, regional authorities, hospital authorities, housing authorities, residential care facilities for the elderly authorities, resource recovery development authorities, sold waste management authorities, downtown development authorities, airport authorities, industrial, payroll and other development authorities, transit authorities, water and sewer authorities, parking authorities, recreation authorities, stadium and coliseum authorities, building authorities, public service authorities, or any other local government authority regardless of name. Such local government authorities may have been created by local constitutional amendment, general statute, or local law. (2) `Debt' includes all long-term or short-term credit obligations including, but not limited to, mortgages, bonds, loans, notes, interest-bearing warrants, and advances. For the purposes of this Code section, debt shall also include lease-purchase obligations. (e) All local government authorities authorized to operate in the State of Georgia must register annually with the Department of Community Affairs. (f) Any local government authority which fails to register with the Department of Community Affairs shall not incur any debt or credit obligations until such time as it meets the registration requirement. Failure to register shall not have any adverse affect on any outstanding debt or credit obligation. (g) The Department of Community Affairs shall establish registration and reporting procedures for local government authorities. Such procedures shall include, but are not limited to, information on the authority's legal name, function, date and means of creation, contact person, address, and telephone number. (h) The Department of Community Affairs shall establish reasonable fees for the work related to administration and enforcement of this Code section. Provided, however, no fee shall be charged or allowed for the annual registration as required herein.

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(i) The Department of Community Affairs shall maintain a certified list of registered local government authorities, available on request. (j) Local government authorities shall initially register on or before January 1, 1996, and shall register on or before January 1 of each year thereafter. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. COURTS MAGISTRATES; COMPENSATION. Code Section 15-10-23 Amended. No. 315 (House Bill No. 468). AN ACT To amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the method for computing minimum compensation for magistrates, chief magistrates, and senior magistrates; to provide for increases in such minimum compensation; to provide for longevity increases and increases based upon increases for employees in the classified service; to provide effective dates; 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 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by striking in its entirety Code Section 15-10-23, relating to minimum compensation and annual salary for magistrates, and inserting in lieu thereof a new Code Section 15-10-23 to read as follows: 15-10-23. (a) (1) As used in this Code section, the term `full-time capacity' means a work week of no less than 40 hours. Unless otherwise provided by local law and except as otherwise provided in paragraphs (2) and (3) of this subsection, effective January 1, 1996, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall

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receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0 5,999 $ 10,397.00 6,000 11,889 14,510.00 11,890 19,999 16,318.00 20,000 28,999 18,130.00 29,000 38,999 20,772.00 39,000 49,999 22,285.00 50,000 74,999 23,819.00 75,000 99,999 25,015.00 100,000149,999 29,891.00 150,000199,999 31,507.00 200,000249,999 38,386.00 250,000299,999 39,168.00 300,000 or more 41,818.00 The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office. (2) Unless otherwise provided by local law, effective January 1, 1997, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0 5,999 $ 13,882.00 6,000 11,889 18,720.00 11,890 19,999 20,894.00 20,000 28,999 23,135.00 29,000 38,999 25,952.00 39,000 49,999 27,560.00 50,000 74,999 29,578.00 75,000 99,999 31,970.00 100,000149,999 36,201.00 150,000199,999 39,433.00 200,000249,999 45,297.00 250,000299,999 46,861.00 300,000 or more 49,361.00

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The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office. (3) Unless otherwise provided by local law, effective January 1, 1998, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0 5,999 $ 17,366.00 6,000 11,889 22,930.00 11,890 19,999 25,471.00 20,000 28,999 28,139.00 29,000 38,999 31,131.00 39,000 49,999 32,836.00 50,000 74,999 35,337.00 75,000 99,999 38,924.00 100,000149,999 42,511.00 150,000199,999 47,359.00 200,000249,999 52,207.00 250,000299,999 54,555.00 300,000 or more 56,903.00 The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office. (b) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate which a full-time chief magistrate of the county would receive multiplied by the number of actual working hours of the chief magistrate. (c) Effective January 1, 1996, unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,599.95 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. Effective January 1, 1996, all other magistrates shall

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receive a minimum monthly salary of the lesser of $15.00 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $400.00. The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. (d) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (e) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. (f) Notwithstanding the provisions of subsection (a) of this Code section, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (g) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (h) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (i) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not necessarily apply to senior magistrates. (j) The amounts provided in subsections (a) and (c) of this Code section, as increased by subsection (k) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5

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percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service. (k) On and after January 1, 1996, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performances based increases received by state employees become effective. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995.

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DOMESTIC RELATIONS MARRIAGE LICENSES ISSUED AT SATELLITE COURTHOUSES IN CERTAIN COUNTIES. Code Section 19-3-31 Amended. No. 316 (House Bill No. 492). AN ACT To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to change the provisions relative to population relating to issuance of marriage licenses at satellite courthouses in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended by striking Code Section 19-3-31, relating to the issuance of marriage licenses at satellite courthouses in certain counties, in its entirety and inserting in lieu thereof the following: 19-3-31. Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census, the judge of the probate court or his or her clerk shall be authorized to issue the marriage licenses provided for by Code Section 19-3-30 and to take and perform any and all other actions prescribed in Code Section 19-3-30 either at the courthouse located at the county site or at any permanent satellite courthouse within the county which has been established and constructed by the governing authority of the county and has been designated by the governing authority of the county as a courthouse annex or by similar designation has been established as an additional courthouse to the courthouse located at the county site. 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 12, 1995.

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COURTS PROBATE COURTS; OFFICES AT SATELLITE COURTHOUSES IN CERTAIN COUNTIES. Code Section 15-9-81 Amended. No. 317 (House Bill No. 493). AN ACT To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, so as to change the provisions relative to population relating to additional courthouse locations of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, is amended by striking subsection (a) of Code Section 15-9-81, relating to an additional office location authorized in certain counties, in its entirety and inserting in lieu thereof the following: 15-9-81. (a) Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated each structure as a courthouse annex or by similar designation has established each structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by the county governing authorities and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site. 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 12, 1995.

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HEALTH ABUSE OF DEAD BODY; PENALTY. Code Section 31-21-44.1 Enacted. No. 318 (House Bill No. 520). AN ACT To amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlawful to abuse a dead body prior to interment; to provide that the lawful presence of the offender at the place where the dead body is abused shall not be a defense to a prosecution under this Act; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, is amended by adding immediately following Code Section 31-21-44, relating to the wanton or malicious removal of dead body from grave or disturbance of contents of grave, a new Code Section 31-21-44.1 to read as follows: 31-21-44.1. (a) A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a funeral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995.

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ELECTIONS COMPENSATION OF COUNTY POLL OFFICERS; MINIMUM COMPENSATION OF CHIEF MANAGERS OF CERTAIN COUNTIES INCREASED. Code Section 21-2-98 Amended. No. 319 (House Bill No. 636). AN ACT To amend Code Section 21-2-98 of the Official Code of Georgia Annotated, relating to compensation of county poll officers, so as to increase the minimum compensation of the chief manager in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1990 or any future such census; 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 21-2-98 of the Official Code of Georgia Annotated, relating to compensation of county poll officers, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1990 or any future such census, the minimum compensation for the chief manager shall be $95.00 per diem; the minimum compensation for each assistant manager shall be $66.00 per diem; and the minimum compensation for each clerk shall be $60.00 per diem. SECTION 2 . This Act shall become effective on July 1, 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. HEALTH NURSING HOMES; CRIMINAL RECORD CHECK FOR EMPLOYMENT APPLICANTS. Code Title 31, Chapter 7, Article 14 Enacted. No. 320 (House Bill No. 318). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health

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care facilities, so as to provide for definitions; to provide for criminal record checks for employment applicants for nursing homes; to provide for fees, forms, notice, and timely performance of record checks; to provide for immunity from liability for certain 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 . Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospital and health care facilities, is amended by adding at the end thereof a new article to read as follows: ARTICLE 14 31-7-350. As used in this article, the term: (1) `Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) `Crime' means a violation of Code Section 16-5-21, relating to aggravated assault; a violation of Code Section 16-5-24, relating to aggravated battery; a violation of Code Section 16-6-1, relating to rape; a felony violation of Code Section 16-8-2, relating to theft by taking; a felony violation of Code Section 16-8-3, relating to theft by deception; a felony violation of Code Section 16-8-4, relating to theft by conversion; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, involving attempted murder, relating to criminal attempt; a violation of Code Section 16-8-40, relating to robbery; a violation of Code Section 16-8-41, relating to armed robbery; a felony violation of Chapter 13 of Title 16, relating to controlled substances; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (3) `Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

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(C) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) `Employment applicant' means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to the effective date of this article. (5) `GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) `Nursing home' or `home' means a home required to be licensed or permitted as a nursing home under the provisions of Chapter 7 of Title 31. 31-7-351. (a) Prior to hiring an employment applicant, each nursing home shall request a criminal record check from GCIC to determine whether the applicant has a criminal record. No nursing home will be precluded from employing any person with a criminal record. (b) Any request for a criminal record check under this Code section shall be on a form approved by GCIC and submitted in person, by mail, or by facsimile request to any county sheriff or municipal law enforcement agency having access to GCIC information. The fee shall be no greater than the actual cost of processing the request. The law enforcement agency receiving the request shall perform a criminal record check for a nursing home within a reasonable time but in any event within a period not to exceed three days of receiving the request. (c) Each application form provided by the employer to the employment applicant shall conspicuously state the following: `FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT.' 31-7-352. (a) Neither GCIC nor any law enforcement agency providing GCIC information pursuant to this article shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A nursing home, its administrator, and its employees shall have no liability for wrongful discharge, unemployment security benefits, or any other claim based upon: (1) Refusal to employ any person with a criminal record; (2) Termination of employment of persons with a criminal record already employed by the home; or

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(3) Other action taken in good faith reliance upon GCIC information received pursuant to this article. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. PUBLIC OFFICERS STATE EMPLOYEES' HEALTH INSURANCE PLAN; PARTICIPATION BY GEORGIA HOUSING AND FINANCE AUTHORITY EMPLOYEES. Code Section 45-18-7.5 Enacted. No. 321 (House Bill No. 382). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to permit the Georgia Housing and Finance Authority to contract with the State Personnel Board for the participation of authority employees in the state employees' health insurance plan; to provide for the collection of payments from employees, retirees, and dependents; to provide for employer contributions; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding a new Code Section 45-18-7.5 to read as follows: 45-18-7.5. The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the

Page 574

employer contributions required for the operation of such plan or plans. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. CRIMES AND OFFENSES USE OF COMMUNICATION FACILITY TO COMMIT FELONY; DISSEMINATION OF INFORMATION ENCOURAGING TERRORISTIC ACTS; DISORDERLY CONDUCT; HARASSING PHONE CALLS; TRAINING REGARDING DANGEROUS WEAPONS. Code Sections 16-11-151 and 16-13-32.3 Amended. Code Section 16-11-39 Revised. Code Sections 16-11-37.1 and 16-11-39.1 Enacted. No. 322 (House Bill No. 76). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to prohibit the furnishing or dissemination of certain information relating to terroristic acts, or relating to certain weapons or devices; to change the provisions prohibiting the use of certain communication facilities regarding felonies; to change certain provisions relating to the use of `fighting words,' obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly conduct; to provide that certain powers of counties or municipalities shall not be affected or limited; to provide for the offense of harassing phone calls; to provide for criminal penalties; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by striking subsection (a) of Code Section 16-13-32.3, relating to the use of certain communication facilities regarding certain felonies, and inserting in its place the following: (a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section. For purposes of this Code section, the term `communication facility' means any and all public and private instrumentalities used or useful in the transmission of writing,

Page 575

signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer network, and all other means of communication. SECTION 2 . Said title is further amended by adding immediately following Code Section 16-11-37 a new Code section to read as follows: 16-11-37.1. It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, or drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. SECTION 3 . Said title is further amended by striking Code Section 16-11-39, relating to the use of fighting words and vulgar language, and inserting in its place two new Code sections to read as follows: 16-11-39. (a) A person commits the offense of disorderly conduct when such person commits any of the following: (1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health; (2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed; (3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called `fighting words'; or (4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. (b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.

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(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits. 16-11-39.1. (a) A person commits the offense of harassing phone calls if such person telephones another person repeatedly, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting another person or the family of such other person; uses over the telephone language threatening bodily harm; telephones and intentionally fails to hang up or disengage the connection; or knowingly permits any telephone under such person's control to be used for any purpose prohibited by this subsection. (b) Any person who commits the offense of harassing phone calls shall be guilty of a misdemeanor. SECTION 4 . Said title is further amended by striking in its entirety Code Section 16-11-151, relating to prohibited training regarding dangerous weapons and devices, and inserting in lieu thereof the following: 16-11-151. (a) As used in this Code section, the term `dangerous weapon' has the same meaning as found in paragraph (1) of Code Section 16-11-121. (b) It shall be unlawful for any person to: (1) Teach, train, or demonstrate to any other person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons either directly or through a writing or over or through a computer or computer network if the person teaching, training, or demonstrating knows, has reason to know, or intends that such teaching, training, or demonstrating will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection; or (2) Assemble with one or more persons for the purpose of being taught, trained, or instructed in the use of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if such person so assembling knows, has reason to know, or intends that such teaching, training, or instruction will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection. (c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be

Page 577

punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. SECTION 5 . This Act shall become effective July 1, 1995. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. PROPERTY PUBLIC HOUSING AUTHORITIES; CONCURRENT DEMAND FOR POSSESSION OF PROPERTY AND LEASE TERMINATION NOTICE. Code Section 44-7-50 Amended. No. 323 (House Bill No. 258). AN ACT To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that certain public housing authorities may provide concurrently the landlord's demand for possession of property from a tenant and the lease termination notice required by federal regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by striking in its entirety Code Section 44-7-50, relating to demands for possession and procedures upon a tenant's refusal, and inserting in lieu thereof a new Code section to read as follows: 44-7-50. (a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of

Page 578

the owner may go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits. (b) If issued by a public housing authority, the demand for possession required by subsection (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1995. REVENUE AND TAXATION COUNTY AND MUNICIPAL EXCISE TAXES ON ACCOMMODATIONS; ADDITIONAL AUTHORIZATION FOR CERTAIN LEVIES; REQUIREMENTS; LIMITATIONS; EXPENDITURES. Code Section 48-13-51 Amended. No. 324 (House Bill No. 419). AN ACT To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide additional authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to change certain provisions relating to the authorized purposes for which certain of such funds may be expended; to change certain provisions relating to entities with whom certain contracts for the expenditure of such funds may be entered into; to change certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by

Page 579

striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (1) and (2) to read as follows: (a)(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1),

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(5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead. SECTION 2 . Said article is further amended by adding new paragraphs immediately following paragraph (3.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraphs (3.2), (3.3) and (3.4), to read as follows: (3.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.2)) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization as defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.2)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating trade and convention facilities. Marketing and operating expenditures may include a preopening marketing program for such a facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such a facility. In the event such facility is not constructed, collected funds may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph. (3.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and which facility was completed and in operation prior to December 31, 1994, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection, may levy a tax under this Code section at a rate of 6

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percent. A county or municipality levying a tax pursuant to this paragraph shall expend for the purpose of promoting tourism, conventions, and trade shows in each fiscal year during which the tax is collected under this paragraph (3.3) an amount which is equal to (A) an amount which is not less than the amount which would have been spent if the tax rate had not been increased to 6 percent and if the same percentage of tax collections expended for such purposes during the immediately preceding fiscal year were expended for such purposes during the current fiscal year plus (B) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent. (3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 33 1/3 percent of the total taxes collected under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities. SECTION 2A . Said article is further amended by striking paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, and inserting in its place a new paragraph (5.1) to read as follows: (5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of

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the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall

Page 583

authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: `fund' or `funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; `obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; `facility' or `facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and `downtown development authority' shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment. SECTION 3 . Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows: (6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (4.1), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (4.1), (5), or (5.1) of this subsection.

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SECTION 4 . Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows: (9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (4), (4.1), (5), or (5.1) of this subsection.

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SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1995. REVENUE AND TAXATION TAX CREDITS; COUNTIES UNDER SEVERE ECONOMIC DISTRESS; EXISTING MANUFACTURING AND MANUFACTURING SUPPORT FACILITIES IN CERTAIN COUNTIES; EMPLOYERS PROVIDING RETRAINING PROGRAMS; EMPLOYERS PROVIDING CHILD CARE; QUALIFIED INVESTMENT PROPERTY; SALES AND USE TAX EXEMPTIONS FOR CERTAIN MACHINERY; JOINT DEVELOPMENT AUTHORITIES. Code Title 48 Amended. Code Section 36-62-5.1 Amended. No. 325 (House Bill No. 336). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain conditions applicable to certain job tax credits and authorize redesignation of counties which undergo sudden and severe economic distress; to change the eligibility requirements regarding certain tax credits for manufacturing facilities; to change limitations applicable to such credits; to authorize the simultaneous claiming of certain tax credits under certain circumstances; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain provisions relating to tax credits for employers providing child care; to provide for income tax credits for certain qualified investment property; to provide for definitions, conditions, and limitations; to revise and change an exemption from sales and use taxation for the sale of certain manufacturing machinery; to revise and change an exemption from sales and use taxation for sales of primary material handling equipment; to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to revise and change the limitations with respect to qualifying for job tax credits; to provide for a temporary, optional credit election; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new subsection immediately following subsection (c) of Code Section 48-7-40, relating to tax credits for certain business enterprises, to be designated subsection (c.1), to read as follows: (c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. SECTION 2 . Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows: (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent.

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(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00;

Page 588

(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d)(1) Except as otherwise provided in paragraph (2) of this subsection, no taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. (2) For taxable years beginning on or after January 1, 1995, and ending on or prior to December 31, 1996, a taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section and to claim, if otherwise qualified under Code Section 48-7-40, the tax credit applicable to tier 1 counties under Code Section 48-7-40, subject to the following limitations: (A) Not less than 500 new full-time employee jobs must be created in the first taxable year and maintained through the end of the second taxable year in which the taxpayer claims both credits as authorized under this paragraph; and (B) An otherwise qualified taxpayer shall not be entitled to receive the additional tax credit authorized under Code Section 36-62-5.1 in any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph. SECTION 3 . Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing facilities in tier 2 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows: (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this

Page 589

state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years;

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(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. SECTION 4 . Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing facilities in tier 3 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows: (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land

Page 591

acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years;

Page 592

(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. SECTION 5 . Said title is further amended by striking subsection (b) of Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new subsection (b) to read as follows: (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-fourth of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each

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employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. SECTION 6 . Said title is further amended by striking subsection (c) of Code Section 48-7-40.6, relating to tax credits for employers providing child care, and inserting in its place a new subsection (c) to read as follows: (c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred. SECTION 7 . Said title is further amended by adding three new Code Sections, immediately following Code Section 48-7-40.6, to be designated Code Sections 48-7-40.7, 48-7-40.8, and 48-7-40.9, respectively, to read as follows: 48-7-40.7. (a) As used in this Code section, the term: (1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 1 county designated

Page 594

pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.2. No taxpayer who claims the credit under Code Section 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $5 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property placed in service during the taxable year;

Page 595

(C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for subsequent tax years; (2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $5 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.8. (a) As used in this Code section, the term: (1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.

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(2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. No taxpayer who claims the credit under Code Section 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or

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(B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $10 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property placed in service during the taxable year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for subsequent tax years; (2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $10 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation

Page 598

for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.9. (a) As used in this Code section, the term: (1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No taxpayer who claims the credit under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer

Page 599

and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $20 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property placed in service during the taxable year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of unused tax credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and

Page 600

(G) The amount of tax credit remaining for subsequent tax years; (2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $20 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. SECTION 8 . Said title is further amended by striking paragraphs (34) and (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in their place new paragraphs (34) and (34.1) to read as follows: (34) The sale of the following types of manufacturing machinery: (A) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state; (B) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated for the first time into a new manufacturing plant located in this state; (C) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and

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(D) Any person making a sale of machinery for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his 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; (34.1)(A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $10 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law. SECTION 9 . Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by striking subsection (e) and inserting in its place new subsections (e) and (f) to read as follows: (e) A joint authority created by two or more contiguous counties pursuant to this Code section must be an active, bona fide joint

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authority; must have a board of directors; must meet at least quarterly; and must develop an operational business plan. A county may belong to only one such joint authority. A business enterprise as defined under subsection (a) of Code Section 48-7-40 located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for an additional $500.00 tax credit for each new full-time employee position created. The $500.00 job tax credit authorized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended. (f) With respect to a joint authority created on or before March 31, 1995, and notwithstanding any provision of this Code section to the contrary, any taxpayer eligible for a tax credit pursuant to subsection (e) of this Code section shall have the option of electing to utilize for a given project the tax credit formerly authorized under this Code section for taxable years beginning prior to January 1, 1995, in lieu of the tax credit otherwise available pursuant to this Code section for taxable years beginning on or after January 1, 1995. Such election shall be made for each committed project in writing on or before July 1, 1995, to the Commissioner of community affairs. Such election shall not be effective unless approved in writing by the commissioner of community affairs. The board of community affairs shall promulgate regulations necessary for the implementation of this subsection. SECTION 10 . (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995. (b) Section 7 of this Act shall become effective on January 1, 1996, and shall be applicable to all taxable years beginning on or after January 1, 1996. (c) Section 8 of this Act shall become effective on July 1, 1995. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1995.

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DOMESTIC RELATIONS FINAL JUDGMENT AND DECREE OF DIVORCE; COMPUTATION OF CHILD SUPPORT AWARDS; LIFE INSURANCE FOR BENEFIT OF CHILDREN; STATE SUPPORT REGISTRY. Code Sections 19-5-12, 19-6-15, and 19-11-9.2 Amended. Code Section 19-6-34 Enacted. No. 326 (House Bill No. 72). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the form and contents of the final judgment and decree of divorce with regard to child support; so as to provide for access to and sharing of information from the state support registry; to provide for the purposes for which such information may be used; to provide for a written finding of the gross income of each parent and the presence or absence of special circumstances in the final verdict or decree awarding child support; to require a special interrogatory relating to gross income and special circumstances from a jury returning a verdict regarding child support; to provide for a written statement regarding gross income and special circumstances in agreements of the parties; to require the trier of fact to vary the child support award from the guidelines upon a finding that enumerated special circumstances make the presumptive amount of support either excessive or inadequate; to provide that special circumstances shall include extraordinary medical costs in addition to accident and sickness or all medical costs if no insurance is available, unusually high income of either or both parties, and extraordinary travel expenses to exercise visitation or shared physical custody; to provide editorial changes; to provide for an intention to encourage judges to require mediation in contested divorce cases; to authorize an order for child support to require insurance for the benefit of a minor child on the life of either or both parents; to provide that premiums for such insurance be reviewed for reasonableness and counted as a part of child support; to provide that the maintenance of such insurance and the availability of the proceeds of such insurance shall not be required for a child's benefit after a child reaches the age of majority; to provide for effective dates; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety Code Section 19-5-12, relating to the form of final judgment and decree of divorce, and inserting in lieu thereof the following:

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19-5-12. A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows: FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside-and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any [Illegible Text] union or civil contract whatsoever and both shall have the right to remarry. (Where applicable, add the following.) The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit:..... The court awards custody of the children of the parties as follows:...... The court fixes alimony as follows:..... In determining child support, the court finds as follows: The gross income of the father is..... dollars monthly. The gross income of the mother is..... dollars monthly. In this case child support is being determined for..... children. The applicable percentage of gross income to be considered is Number of Children Percentage Range of Gross Income 1 17 percent to 23 percent 2 23 percent to 28 percent 3 25 percent to 32 percent 4 29 percent to 35 percent 5 or more 31 percent to 37 percent Thus,..... percent of..... (gross income of obligor) equals..... dollars per month.

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The court has considered the existence of special circumstances and has found the following special circumstances marked with an `X' to be present in this case: ..... 1. Ages of the children..... ..... 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available..... ..... 3. Educational costs..... ..... 4. Day-care costs..... ..... 5. Shared physical custody arrangements, including extended visitation..... ..... 6. A party's other support obligations to anonther household..... ..... 7. Income that should be imputeed to a party because of suppression of income..... ..... 8. In-kind income for the self-employed, such as reinbursed meals or a company car..... ..... 9. Other support a party is providing or will be providing, such as payment of a mortgage..... ..... 10. A party's own extraordinary needs, such as medical expenses..... ..... 11. Extreme economic circumstances including but not limited to:..... ..... (A) Unusually high debt structure; or..... ..... (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum..... ..... 12. Historical spending in the family for children which varies significantly from the percentage table..... ..... 13. Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier fact..... ..... 14. In-kind contribution of either parent..... ..... 15. The income of the custodial parent..... ..... 16. The cost of accident and sickness insurance coverage for dependent children included in the order..... ..... 17. Extraordinary travel expenses to exercise visitation or shared physical custody.....

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..... 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:..... Having found that no special circumstances exist, or special circumstances numbered..... exist (delete the phrase which does not apply), the final award of child support which..... shall pay to..... for support of the child or children is..... dollars per week/month/other period (delete those which do not apply and insert as necessary) per child, beginning on the..... day of....., 19..... and payable thereafter on the..... day of..... until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age...... is ordered to provide accident and sickness insurance for the child or children for so long as he or she is obligated by this order to provide support (insert name of party or delete this sentence if the order does not include provision for insurance). (Where applicable, the court shall also include in the order the provisions of Code Section 19-6-30 concerning continuing garnishment for support and language in compliance with Code Section 19-6-32 concerning income deduction orders.) Decree and order entered this..... day of....., 19...... ..... Judge, Superior Court SECTION 2 . Said title is further amended by striking in its entirety Code Section 19-6-15, relating to the computation of child support awards in the final verdict or decree, and inserting in its place a new Code Section 19-6-15 to read as follows: 19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness

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coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section and the jury shall be required to return a special interrogatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circumstances. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. (b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross income; (2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance; (3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its

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equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income; (4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and (5) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are: Number of Children Percentage Range of Gross Income 1 17 percent to 23 percent 2 23 percent to 28 percent 3 25 percent to 32 percent 4 29 percent to 35 percent 5 or more 31 percent to 37 percent Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial. (c) The trier of fact shall vary the final award of child support, up or down, from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate: (1) Ages of the children; (2) A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available; (3) Educational costs; (4) Day-care costs;

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(5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances including but not limited to: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum; (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; (15) The income of the custodial parent; (16) The cost of accident and sickness insurance coverage for dependent children included in the order; (17) Extraordinary travel expenses to exercise visitation or shared physical custody; and (18) Any other factor which the trier of fact deems to be required by the ends of justice. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. (e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any

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temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered. (f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances. SECTION 3 . Said title is further amended by inserting a new Code section to be designated Code Section 19-6-34 to read as follows: 19-6-34. (a) In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents to obtain and maintain the life insurance. (b) The amount of the premium for such life insurance shall be counted as a part of the support ordered pursuant to the provisions of Code Section 19-6-15, provided that the court shall review the amount of the premium for reasonableness in the circumstances of the child, the parent ordered to pay support, and the other parent. (c) Except as provided in subsection (d) of this Code section, an order for child support shall not require maintenance of life insurance for a child's benefit after the child reaches the age of majority and shall not require that the proceeds of life insurance be available for the benefit of a child after the child reaches the age of majority. (d) The trier of fact, in the exercise of sound discretion, may direct either or both parents to maintain life insurance for the benefit of a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that maintenance of such life insurance for the benefit of the child shall not be required after a child attains 20 years of age.

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(e) Nothing in this Code section shall prevent parents from entering into an agreement for the provision of life insurance that differs from or exceeds the terms of this Code section. SECTION 4 . It is the intention of Sections 1 and 2 of this Act to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement. SECTION 4.1 . Said title is further amended striking Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, in its entirety and inserting in lieu thereof a new Code Section 19-11-9.2 to read as follows: 19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven or more employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the

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registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. (f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Aid to Families with Dependent Children program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits. (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users. (i) This Code section shall be repealed in its entirety effective May 1, 1997. SECTION 4.2 . Section 4.1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. HEALTH INVOLUNTARY CARE FOR MENTAL ILLNESS; ACCESS TO COURT RECORDS RELATING TO TREATMENT FOR MENTAL ILLNESS; PEER REVIEW DEFINITIONS, CIVIL IMMUNITY, AND CONFIDENTIALITY. Code Sections 31-7-131, 31-7-132, 31-7-133, 37-3-90, and 37-3-167 Amended. No. 327 (Senate Bill No. 93). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the requirements for determining whether a person

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needs involuntary outpatient care or involuntary inpatient care for mental illness; to change certain provisions concerning access to mental health records; to change the provisions relating to definitions; to provide civil immunity for certain entities providing information regarding peer review; to change the scope of confidentiality for peer review organizations; 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 striking in their entirety subsections (a), (c), and (d) of Code Section 37-3-90, relating to determination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, and inserting in lieu thereof, respectively, new subsections to read as follows: (a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is: (1) An inpatient or outpatient; and (2) If an outpatient, whether there is available outpatient treatment. (c) A person determined and certified to be: (1) An outpatient; and (2) A person for whom there is available outpatient treatment shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1) and (2) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (e) Any minor admitted voluntarily shall be released at any time after written request is made by the minor's parent or legal guardian.

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SECTION 2 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 37-3-167, relating to the right of patient to examine his records and other matters, which reads as follows: (d) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subsequent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order., and inserting in lieu thereof a new subsection (d) to read as follows: (d)(1) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provisions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a proceeding under this chapter since September 1, 1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evaluation, treatment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such official or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (3) Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow

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inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dissemination of the information to certain persons or for certain purposes or both. (4) The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution the court may deem proper. The court may punish by contempt any violations of any such conditions. SECTION 3 . Said title is further amended by striking in their entirety Code Sections 31-7-131 through 31-7-133, relating, respectively, to definitions relative to peer review groups, immunity from liability, and confidentiality, and inserting in lieu thereof new Code sections to read as follows: 31-7-131. As used in this article, the term: (1) `Peer review' means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations. (2) `Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations: (A) A physician; (B) A dentist; (C) A podiatrist;

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(D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; (K) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility, as well as the officers, directors, or employees of such corporation or organization or the members of such corporation's or organization's governing board who are performing a peer review function; (L) A rehabilitation supplier registered with the State Board of Workers' Compensation; and (M) An occupational therapist. (3) `Review organization' means the Joint Commission on Accreditation of Healthcare Organizations. Such term also means any other national accreditation body or any panel, committee, or organization: (A) Which: (i) Is primarily composed of professional health care providers; (ii) Is an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or (iii) Provides professional liability insurance for health care providers, and (B) Which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of: (i) Evaluating and improving the quality and efficiency of health care rendered; (ii) Reducing morbidity or mortality; (iii) Evaluating claims against health care providers or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers; (iv) Compiling aggregate data concerning the procedures and outcomes of hospitals for the purposes of evaluating the quality

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and efficiency of health care services. Under no circumstances shall any such aggregate data or any other peer review information relating to an individual professional health care provider be disclosed or released to any person or entity without the express prior written consent of such health care provider, but such aggregate data or other peer review information may be released to another review organization upon the written request of such organization if such requesting review organization has specific reason to believe that immediate access to such aggregate data or information is necessary to protect the public health, safety, and welfare. Such aggregate data and other peer review information shall be used for peer review purposes only and in no event shall such aggregate data or any other peer review information be sold or otherwise similarly distributed, but a review organization shall be authorized to utilize the services of and pay a fee to another person or entity to compile or analyze such aggregate data; or (v) Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with participation as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care. 31-7-132. (a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any individual who furnishes counsel or services to a professional health care provider or review organization shall be held, by reason of the performance of peer review activities, to have violated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity. (b) No person, whether as a witness or otherwise, who provides information regarding peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing it knew that such information was false. 31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of such organization or as to any findings,

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recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this article shall also apply to any proceedings, records, actions, activities, evidence, findings, recommendations, evaluations, opinions, data, or other information [Illegible Text] between review organizations which are performing a peer review function. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within such person's knowledge; but such witness cannot be asked about such witness's testimony before such organization or about opinions formed by such witness as a result of the organization hearings. (b) This Code section shall not apply to prevent: (1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; (2) The use of such documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter; or (3) A health care provider from obtaining the specific reasons and the records and proceedings related to such provider's exclusion or termination as a participating provider in a health maintenance organization, provider network, or other organization which engages in managed care if such provider has brought a civil action against such health maintenance organization, provider network, or other organization for wrongful exclusion or termination. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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COURTS JUVENILE PROCEEDINGS; ADMISSION OF GENERAL PUBLIC TO CERTAIN PROCEEDINGS; CERTAIN RECORDS AND FILES AVAILABLE FOR INSPECTION; NOTICES TO SCHOOL OFFICIALS AND VICTIMS REGARDING CERTAIN CHILDREN ADJUDICATED DELINQUENT; STORAGE FOR COMPUTER RETRIEVAL OF RECORDS; FINGERPRINTING AND PHOTOGRAPHING OF CERTAIN CHILDREN. Code Title 15, Chapter 11 Amended. Code Sections 49-4A-8 and 49-4A-9 Amended. No. 328 (Senate Bill No. 156). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings; to provide for inspection of complaints, petitions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child is adjudicated delinquent for a second or subsequent time or of an adjudicatory proceeding involving a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for fingerprinting and photographing children charged with designated felonies, an act which would constitute the offense of burglary if committed by an adult, or offenses over which the superior court has exclusive or concurrent jurisdiction; to provide for the sharing of information regarding such children with the department of family and children services and certain school officials; to change the provisions relating to inspection of juvenile law enforcement records; to change the provisions relating to sealing of records; to provide for notice to any victim when a child who has been adjudicated delinquent for commission of a designated felony is released from confinement or custody or is paroled; 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 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c.1) to read as follows:

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(c) Except as otherwise provided by subsection (c.1) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. (c.1) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation; or (3) At the court's discretion, any dispositional hearing involving any proceeding under this article. SECTION 2 . Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows: 15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the exception of any complaint, petition, and order from any case that [Illegible Text] open to the public pursuant to subsection (c.1) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance

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or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. SECTION 3 . Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows: 15-11-58.1. Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed. SECTION 4 . Said article is further amended by striking subsection (b) of Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in its place the following: (b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.1) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. SECTION 5 . Said article is further amended by striking Code Section 15-11-60, relating to when a juvenile may be fingerprinted or photographed and the maintenance, inspection, and publication of fingerprint and photograph files, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows: 15-11-60. (a) Every child charged with an act which would constitute the offense of burglary if committed by an adult and every child charged with the

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commission of any act which would be a designated felony or an offense over which the superior court has exclusive or concurrent jurisdiction, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. (b) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates. (c) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available in the discretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (d) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child. (e) Except as provided in this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (f) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child. SECTION 6 . Said article is further amended by adding at the end of Code Section 15-11-61, relating to sealed records, a new subsection (d) to read as follows:

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(d) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (c) or (c.1) of Code Section 15-11-28. SECTION 7 . Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preservation and destruction of records of the court, a new subsection to be designated subsection (c.1) to read as follows: (c.1) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. SECTION 8 . Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, and inserting in lieu thereof the following subsections: (e) Except as provided by subsection (e.1) of this Code section, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the child's care and treatment has been completed, the department may: (1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the child's confinement under such conditions as the department may believe best designed to serve the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or

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(5) Discharge the child from control of the department when it is satisfied that such discharge will best serve the child's welfare and the protection of the public. (e.1)(1) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-37 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection. SECTION 9 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4A-9, relating to children who have been previously adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, are convicted of a felony in a superior court, and inserting in lieu thereof a new subsection to read as follows: (b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any juvenile adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-37 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not

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be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. PENAL INSTITUTIONS ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS FOR CERTAIN INMATES; GENERAL EDUCATIONAL DEVELOPMENT (GED) DIPLOMA REQUIREMENTS FOR CERTAIN PAROLEES. Code Section 42-5-20 Enacted. Code Sections 42-9-44 and 42-9-45 Amended. No. 329 (House Bill No. 229). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to provide an Alcohol or Drug Use Risk Reduction Program; to provide that the program shall be made available to certain inmates; to provide that an inmate whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program; to provide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole; to provide that failure to comply with such requirement shall be grounds for revocation of parole; to provide for exceptions, rules and regulations, and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Article 1 of Chapter 5, relating to general provisions applicable to state and county correctional institutions, a new Code Section 42-5-20 to read as follows: 42-5-20. The department shall provide within the correctional system an Alcohol or Drug Use Risk Reduction Program. The program shall be made available to every person sentenced to the custody of the state whose criminal offense or history indicates alcohol or drug involvement;

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provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or those deemed mentally incompetent. SECTION 2 . Said title is further amended by striking Code Section 42-9-44, relating to terms and conditions of parole, in its entirety and inserting in lieu thereof a new Code Section 42-9-44 to read as follows: 42-9-44. (a) The board, upon placing a person on parole, shall specify in writing the terms and conditions thereof. A certified copy of the conditions shall be given to the parolee. Thereafter, a copy shall be sent to the clerk of the court in which the person was convicted. The board shall adopt general rules concerning the terms and conditions of parole and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee shall not leave this state or any definite area in this state without the consent of the board; that the parolee shall contribute to the support of his or her dependents to the best of the parolee's ability; that the parolee shall make reparation or restitution for his or her crime; that the parolee shall abandon evil associates and ways; and that the parolee shall carry out the instructions of his or her parole supervisor, and, in general, so comport himself or herself as the parolee's supervisor shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to a penal institution to serve out the term for which the parolee was sentenced. (b) Each parolee who does not have a high school diploma or a general educational development equivalency diploma (GED) shall be required as a condition of parole to obtain a high school diploma or general educational development equivalency diploma (GED) or to pursue a trade at a vocational or technical school. Any such parolee who demonstrates to the satisfaction of the board an existing ability or skill which does in fact actually furnish the parolee a reliable, regular, and sufficient income shall not be subject to this provision. Any parolee who is determined by the Department of Corrections or the board to be incapable of completing such requirements shall only be required to attempt to improve their basic educational skills. Failure of any parolee subject to this requirement to attend the necessary schools or courses or to make reasonable progress toward fulfillment of such requirement shall be grounds for revocation of parole. The board shall establish regulations regarding reasonable progress as required by this subsection. This subsection shall apply to paroles granted on or after July 1, 1995.

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SECTION 3 . Said title is further amended by adding at the end of Code Section 42-9-45, relating to the general rule-making power of the State Board of Pardons and Paroles, a new subsection (g) to read as follows: (g) An inmate whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program offered by the Department of Corrections. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. PENAL INSTITUTIONS PROBATION DETENTION CENTERS AND PROBATION DIVERSION CENTERS; AUTHORIZATION; USES; ELIGIBILITY FOR CONFINEMENT THEREIN; PERIOD AND TERMS OF CONFINEMENT; POWERS AND RESPONSIBILITIES OF DEPARTMENT OF CORRECTIONS. Code Sections 42-8-35.4 and 42-8-35.5 Enacted. No. 330 (Senate Bill No. 230). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to provide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of probation; to provide for the period and terms of such confinement in a probation detention center; to provide that the Department of Corrections shall have certain powers and responsibility; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation diversion center as a condition of probation; to provide for the period and terms of such confinement in a probation diversion center; to provide that the Department of Corrections may assess and collect room and board fees from diversion center program participants; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, is amended by adding between Code Sections 42-8-35.3 and 42-8-36 two new Code sections, to be designated Code Sections 42-8-35.4 and 42-8-35.5, to read as follows: 42-8-35.4. (a) In addition to any other terms and conditions of probation provided for in this article, the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that probation, a program of confinement in a probation detention center. Probationers so sentenced will be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the probation detention center. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing. (c) During the period of confinement, the department may transfer the probationer to other facilities in order to provide needed physical and mental health care or for other reasons essential to the care and supervision of the probationer or as necessary for the effective administration and management of its facilities. 42-8-35.5. (a) In addition to any other terms and conditions of probation provided in this article, the trial judge may require that probationers sentenced to a period of not less than one year on probation shall satisfactorily complete, as a condition of that probation, a program in a probation diversion center. Probationers so sentenced will be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the diversion center. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing, is capable both physically and mentally of maintaining paid employment in the community, and does not unnecessarily jeopardize the safety of the community.

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(c) The department may assess and collect room and board fees from diversion center program participants at a level set by the department. 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, 1995. INSURANCE FAIR ACCESS TO INSURANCE REQUIREMENTS PLAN; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 33, Chapter 33 Revised. No. 331 (Senate Bill No. 289). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insurance Requirements Plan; to provide for the establishment and operation of an underwriting association comprised of property insurers; to require membership in the plan by a property insurer as a condition of its authority to transact property insurance in this state; to provide for the authority of the Commissioner of Insurance with regard to the plan; to authorize reasonable rate modifications; to provide for immunity from liability; to provide procedures for appeals from adverse actions; to provide for temporary insurance coverage for local public entities pending the appeal of an adverse underwriting decision of the association; to provide for matters relative to the foregoing; 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 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking Chapter 33, relating to fair access to insurance requirements, in its entirety and inserting in its place a new Chapter 33 to read as follows: CHAPTER 33 33-33-1. All insurers licensed to write and writing property insurance in this state on a direct basis are authorized, subject to approval and regulation by

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the Commissioner, to establish and maintain a Fair Access to Insurance Requirements (FAIR) Plan and to establish and maintain an underwriting association and to formulate and from time to time amend the plan and articles of association and rules and regulations in connection therewith and to assess and share on a fair and equitable basis all expenses, income, and losses incident to the Fair Access to Insurance Requirements Plan and underwriting association in a manner consistent with this chapter. 33-33-2. The Fair Access to Insurance Requirements Plan and articles of association shall make provision for an underwriting association having authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such policies, and to cede any such reinsurance. The plan and articles of association shall provide, among other things, for the perils to be covered; geographical area of coverage; compensation and commissions; assessments of members; the sharing of expenses, income, and losses on an equitable basis; cumulative weighted voting for the board of directors of the association; the administration of the plan and association; and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements. 33-33-3. (a) Each insurer authorized to write and writing property insurance in this state shall be required to become and remain a member of the plan and the underwriting association and to comply with the requirements of the plan and the underwriting association as a condition of its authority to transact property insurance business. (b) Each insurer shall participate in the writings, expenses, profits, and losses of the association in the following manner: (1) For habitational risks, the same proportion as its habitational premiums written bear to the aggregate habitational premiums written by all insurers in the program; and (2) For commercial risks, the same proportion as its commercial premiums written bear to the aggregate commercial premiums written by all insurers in the program. 33-33-4. (a) The directors of the association shall submit to the Commissioner, for review, a proposed Fair Access to Insurance Requirements Plan and articles of association consistent with this chapter. (b) The Fair Access to Insurance Requirements Plan and articles of association shall be subject to approval by the Commissioner and shall take effect ten days after having been approved by the Commissioner. If the Commissioner disapproves all or any part of the proposed plan and

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articles, the directors of the association shall within 30 days submit for review an appropriately revised plan and articles; and, if the directors fail to do so, the Commissioner shall thereafter promulgate such plan and articles consistent with this chapter. (c) The directors of the association may, on their own initiative or at the request of the Commissioner, amend the plan and articles, subject to approval by the Commissioner. 33-33-5. In conformity with Chapter 9 of this title, insurers may make reasonable rate modifications for fire and extended coverage and such other classes of basic property insurance. 33-33-6. There shall be no liability on the part of, and no cause of action of any nature shall arise against, insurers, any inspection bureau, placement facility, or underwriting association, or their directors, agents, or employees, or the Commissioner or his or her authorized representatives for any inspections undertaken or statements made by any of them concerning the property to be insured; and any reports and communications in connection therewith shall not be considered public documents. 33-33-7. Any person aggrieved by any action or decision of the administrators of the plan, the underwriting association, or of any insurer as a result of its participation in the plan may appeal to the Commissioner within 30 days from the date of the action or the decision. The Commissioner, after a hearing held upon proper notice, shall issue an order approving the action or decision or disapproving the action or decision with respect to the matter which is the subject of appeal. All final orders and decisions of the Commissioner shall be subject to judicial review. 33-33-8. (a) For the purposes of this Code section, the term `local public entity' means a county, municipality, or local board of education. (b) In the event the existing insurance coverage of a local public entity filing an appeal of an adverse underwriting decision of the association established pursuant to this chapter is scheduled to cancel or expire while such appeal is pending, the Commissioner shall direct the association to provide coverage authorized under this chapter on a temporary basis to the local public entity as provided in this Code section. (c) It shall be the duty of the local public entity to notify the Commissioner in writing at the same time the appeal is filed of the date its

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existing insurance coverage is to cancel or expire. Failure of the local public entity to notify the Commissioner as provided in this subsection shall render the local public entity ineligible for the temporary coverage authorized by this Code section. Upon receiving such notice, the Commissioner shall direct the association to provide coverage authorized under this chapter to the local public entity, shall specify the date such coverage is to be effective, and shall specify the date of termination of such coverage, which shall not be set prior to the date of the Commissioner's final order disposing of the issues on appeal. The premium for the temporary coverage provided by this Code section shall be paid in full by the local public entity at the time the coverage is issued by such method and in such manner as directed by the Commissioner. (d) Upon receipt of the notice from the public entity specified in subsection (c) of this Code section, the Commissioner shall notify such entity of the emergency property protection measures, if any, which will be required during the period of temporary coverage. Such measures may include the following: (1) Protection of physically damaged property from further damage; (2) Prevention or limitation of access to the premises; (3) Disconnection of utilities; (4) Installation of locks, alarms, or security lighting; (5) Inspections of the premises; or (6) Provision of security guards. (e) After ordering the temporary coverage required under subsection (b) of this Code section, the Commissioner shall cause notice of such action and any emergency protection measures pertaining to such coverage to be published in the legal organ of the county in which the property is located. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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GEORGIA CRIME INFORMATION CENTER ACCESS TO AND DISSEMINATION OF CERTAIN CRIMINAL HISTORY RECORDS. Code Sections 35-3-34 and 35-3-35 Amended. No. 332 (House Bill No. 314). AN ACT To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change the provisions relating to access to certain criminal history records maintained by the state and provide for fees therefor; to provide for conditions and procedures relating thereto; to provide for immunity from liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-34, relating to the dissemination of records to private persons and businesses, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or. SECTION 2 . Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-34 new subsections to read as follows: (d.1) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may

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disseminate criminal history records of in-state felony convictions, pleas, and sentences without: (1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (B) of paragraph (1) of subsection (a) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section. (d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee. SECTION 3 . Said article is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-35, relating to the dissemination of records to public agencies and political subdivisions, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions: (A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law;. SECTION 4 . Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-35 a new subsection to read as follows:

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(d.1) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without: (1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to entities to which such records may be made available under subsection (d) of this Code section under the conditions specified in subparagraph (B) of paragraph (1) of subsection (a) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section. (d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. GEORGIA LOTTERY FOR EDUCATION ACT FIDELITY FUND; BLANKET BONDS; RESERVE ACCOUNT; RETAILERS' BONDS; DEPOSIT OF SECURITIES. Code Section 50-27-19 Enacted. No. 333 (Senate Bill No. 400). AN ACT To amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Georgia Lottery for Education Act, so as to change the provisions relating to the fidelity fund for retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions relating to the assessment of retailers when the balance in the fund falls below a certain amount; to provide that a reserve account may be established to cover amounts deemed uncollectable; to authorize such corporation to establish procedures

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for minimizing losses; to authorize such corporation to require retailers to post bonds or deposit and maintain certain securities to insure against losses; to provide for types of securities; to provide that such securities shall be held in trust in the name of the Georgia Lottery Corporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Georgia Lottery for Education Act, is amended by striking in its entirety Code Section 50-27-19, relating to the fidelity fund for retailers, and inserting in lieu thereof a new Code Section 50-27-19 to read as follows: 50-27-19. (a) The corporation may establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed $100.00 per sales location. The corporation is authorized to invest the funds or place such funds in one or more interest-bearing accounts. Moneys deposited to the fund may be used to cover losses the corporation experiences due to nonfeasance, misfeasance, or malfeasance of a lottery retailer. In addition, the funds may be used to purchase blanket bonds covering the Georgia Lottery Corporation against losses from all retailers. At the end of each fiscal year, the corporation shall pay to the general lottery fund any amount in the fidelity fund which exceeds $500,000.00, and such funds shall be commingled with and treated as net proceeds from the lottery. (b) A reserve account may be established as a general operating expense to cover amounts deemed uncollectible. The corporation shall establish procedures for minimizing any losses that may be experienced for the foregoing reasons and shall exercise and exhaust all available options in such procedures prior to amounts being written off to this account. (c) The corporation may require any retailer to post an appropriate bond, as determined by the corporation, using an insurance company acceptable to the corporation. The amount should not exceed the applicable district sales average of lottery tickets for two billing periods. (d) (1) In its discretion, the corporation may allow a retailer to deposit and maintain with the corporation securities that are interest-bearing or accruing. Securities eligible under this paragraph shall be limited to: (A) Certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this state or under the laws of the United States.

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(B) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest. (C) Federal Agency Securities by an agency or instrumentality of the United States government. (2) Such securities shall be held in trust in the name of the Georgia Lottery Corporation. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. INSURANCE AUTHORIZATION AND REQUIREMENTS FOR TRANSACTION OF INSURANCE; CAPITAL STOCK AND SURPLUS REQUIREMENTS. Code Sections 33-3-6 and 33-3-7 Amended. No. 334 (House Bill No. 431). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state; to revise requirements for additional surplus of newly admitted insurers and to require the maintenance of such surplus; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by striking Code Section 33-3-6, relating to requirements as to capital stock or surplus generally, and inserting in its place a new Code Section 33-3-6 to read as follows: 33-3-6. (a) (1) On or after July 1, 1995, to qualify for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital

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(2) Notwithstanding the requirements of paragraph (1) of this subsection, for the purposes of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commissioner pursuant to Code Section 33-7-14 shall be $200,000.00. (b) As to surplus required for initial qualification to transact one kind of insurance and thereafter to be maintained, domestic mutual insurers shall be governed by Chapter 14 of this title and domestic reciprocal insurers shall be governed by Chapter 17 of this title. Hospital service nonprofit corporations and nonprofit medical service corporations shall be governed by Chapters 19 and 18 of this title, respectively. Farmers' mutual fire insurance companies shall be governed by Chapter 16 of this title. SECTION 2 . Said chapter is further amended by striking Code Section 33-3-7, relating to the requirement of surplus for new insurers, and inserting a new Code Section 33-3-7 to read as follows: 33-3-7. In addition to the minimum paid-in capital or minimum surplus of insurers required by this title, an insurer shall possess when first authorized in this state and thereafter maintain surplus or additional surplus equal to the larger of $1.5 million if a stock, mutual, or reciprocal insurer or 50 percent of its paid-in capital stock if a stock insurer or of its surplus if a mutual or reciprocal insurer otherwise required under Code Section 33-3-6 for the kinds of insurance to be transacted. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. LABOR AND INDUSTRIAL RELATIONS SELF-INSURERS GUARANTY TRUST FUND; SELF-INSURER DEFINED; ASSESSMENT OF PARTICIPANTS; PROCEEDINGS AGAINST PLEDGED SECURITIES; REVOCATION OF AUTHORIZATION; EDITORIAL REVISION. Code Sections 34-9-381, 34-9-383, 34-9-386, and 34-9-388 Amended. No. 335 (House Bill No. 579). AN ACT To amend Article 10 of Chapter 9 of Title 34 of The Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as

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to define the term self-insurer to include a county or municipal hospital authority; to delete references to the term of office of the chairman of the board of trustees; to revise provisions relative to the assessment of participants; to increase the funding level at which assessments shall not be required; to provide for special assessments; to authorize the board of trustees to proceed against security pledged by a participant if payment of an assessment is not made; to provide that a participant may have its authorization to self-insure revoked for failure to pay penalties or fines; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 10 of Chapter 9 of Title 34 of The Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, is amended by striking paragraph (7) of Code Section 34-9-381, relating to definitions and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Self-insurer' means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the `Hospital Authorities Law,' that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, or captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter. SECTION 2 . Said article is further amended by striking subsection (a) of Code Section 34-9-383, relating to the membership of the board of trustees of the fund, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed for terms of office which shall end on January 1, 1993, and the chairperson and the three other initial trustees shall be appointed for terms of office which shall end on January 1, 1995. Thereafter, each trustee shall be elected to a four-year term and shall continue to serve unless otherwise ineligible under subsection (b) of this Code section. No later than 90 days prior to the end of any member's term of office, the chairperson shall select a nominating committee from among the participants to select candidates for election

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by the participants for the following term. In the event the chairperson fails to complete his or her term of office, a successor will be elected by the board of trustees to fill the unexpired term of office. SECTION 3 . Said article in further amended by striking Code Section 34-9-386, relating to the assessment of fund participants and the liability of the fund and participants for claims, and inserting in lieu thereof a new Code Section 34-9-386 to read as follows: 34-9-386. (a) (1) The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $10 million, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of this subsection. (2) Assessment for each new participant in the first calendar year of participation shall be $4,000.00. Thereafter, assessments shall be in accordance with paragraphs (3) and (4) of this subsection. (3) After the first calendar year of participation, the assessment of each participant shall be made on the basis of a percentage of the total of indemnity benefits paid by, or on behalf of, each participant during the previous calendar year. Except as provided in paragraph (2) of this subsection for the first calendar year of participation and paragraph (4) of this subsection, a participant will not be assessed at any one time an amount in excess of 1.5 percent of the indemnity benefits paid by that participant during the previous calendar year or $1,000.00, whichever is greater. The total amount of assessments, not including those set out in paragraph (4) of this subsection, in any calendar year against any one participant shall not exceed the amount of $4,000.00. (4) If after the full funded level of $10 million has been attained, the fund is reduced to an amount below $7 million as the result of the payment of claims, the administration of claims, or the costs of administration of the fund the board of trustees shall levy a special assessment in proportion to the assessment provided for in paragraph (3) of this subsection of the participants in an amount sufficient to increase the funded level to $7 million; provided, however, that such special assessment in any calendar year against any one participant shall not exceed the amount of $10,000.00. (5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this article is not made within 30 days of the sending of

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the notice to the participant, the board of trustees is authorized to proceed in court for judgment against the participant, including the amount of the assessment, the costs of suit, interest, and reasonable attorneys' fees or proceed directly against the security pledged by the participant. (b) (1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1991; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million. (2) All participants shall be required to maintain surety bonds or the board of trustees may, in its discretion, accept any irrevocable letter of credit or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consultation with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security. (c) A participant who ceases to be a self-insurer shall be liable for any and all assessments made pursuant to this Code section as long as indemnity compensation is paid for claims which originated when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity benefits paid by the participant during the previous calendar year. (d) Upon refusal to pay assessments, penalties, or fines to the fund when due, the fund may treat the self-insurer as being in noncompliance with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure. SECTION 4 . Said article is further amended by striking subsection (b) of Code Section 34-9-388, relating to reports of participant's insolvency and participant's certified financial information, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a copy of each participant's audit performed in accordance with generally accepted auditing standards by an independent certified public accounting firm, three to five years of loss history, name of the person or company to administer claims and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents.

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All financial information submitted by a participant shall be considered confidential and not public information. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; FRAUD AND COMPLIANCE UNIT OF STATE BOARD OF WORKERS' COMPENSATION ESTABLISHED; WORKERS' COMPENSATION TRUTH IN ADVERTISING ACT OF 1995 ENACTED; VARIOUS OTHER PROVISIONS. Code Title 34, Chapter 9 Amended. No. 336 (House Bill No. 596). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify and revise the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the assessment of costs of collection of civil penalties, investigations, and prosecution; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation; to provide for matters relative to such unit; to provide a short title; to provide for requirements relative to advertising; to provide certain mandatory notices in conjunction with advertisements related to workers' compensation; to provide criminal penalties for violations; to vest the board with the authority to require parties to submit to mediation; to broaden the admissibility of certain medical reports in administrative hearings; to revise provisions relative to catastrophic injuries; to provide for the assessment of a penalty for medical charges not paid within a certain time period; to provide that such penalty shall be paid to the provider of medical services; to delete the differentiation between dependents of a deceased employee who are not citizens of the United States; to redirect the payment of penalties and other funds from the Subsequent Injury Trust Fund to the general fund of the state treasury; to provide for matters relative to the foregoing; to provide for severability; to provide for retroactivity of certain provisions; 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 striking subsection (a) of Code

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Section 34-9-2.1, relating to exemption of corporate officers, and inserting in its place a new subsection (a) to read as follows: (a) A corporate officer who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers' Compensation. The right of any corporation to exempt its officers from coverage under this chapter is limited as follows: (1) A corporation shall not be allowed to exempt more than five corporate officers; and (2) In order for the written certification of exemption to be in effect, the corporate officer must be identified by name as well as by the office held at the time of certification. SECTION 2 . Said chapter is further amended by striking Code Section 34-9-11.1, relating to the employee's or survivor's right of action against a person other than the employer and the subrogation lien of the employer, and inserting in its place a new Code Section 34-9-11.1 to read as follows: 34-9-11.1. (a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured employee or those to whom such employee's right of action survives at law may pursue the remedy by proper action in a court of competent jurisdiction against such other persons, except as precluded by Code Section 34-9-11 or otherwise. (b) In the event an employee has a right of action against such other person as contemplated in subsection (a) of this Code section and the employer's liability under this chapter has been fully or partially paid, then the employer or such employer's insurer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer's or insurer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits, death benefits, and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and completely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and noneconomic losses incurred as a result of the injury. (c) Such action against such other person by the employee must be instituted in all cases within the applicable statute of limitations. If such action is not brought by the employee within one year after the date of

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injury, then the employer or such employer's insurer may but is not required to assert the employee's cause of action in tort, either in its own name or in the name of the employee. The employer or its insurer shall immediately notify the employee of its assertion of such cause of action, and the employee shall have a right to intervene. If after one year from the date of injury the employee asserts his or her cause of action in tort, then the employee shall immediately notify the employer or its insurer of his or her assertion of such cause of action, and the employer or its insurer shall have a right to intervene. In any case, if the employer or insurer recovers more than the extent of its lien, then the amount in excess thereof shall be paid over to the employee. For purposes of this subsection only, `employee' shall include not only the injured employee but also those persons in whom the cause of action in tort rests or survives for injuries to such employee. (d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or otherwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; provided, however, that if the employer or insurer has engaged another attorney to represent the employer or insurer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured employee and the attorney for the employer or insurer in proportion to services rendered. The provisions of Code Sections 15-19-14 and 15-19-15 shall apply. (e) It is the express intent of the General Assembly that the provisions of subsection (c) of this Code section be applied not only prospectively but also retroactively to injuries occurring on or after July 1, 1992. SECTION 3 . Said chapter is further amended by striking Code Section 34-9-18, relating to the assessment of general civil penalties by the board, and inserting in its place a new Code Section 34-9-18 to read as follows: 34-9-18. (a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. (b) Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter

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may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation. (c) In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126. (d) Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter. (e) Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. (f) All penalties and costs assessed under this Code section shall be tendered to the State Board of Workers' Compensation and made payable to the State of Georgia. All such penalties shall be deposited in the general fund of the state treasury. SECTION 4 . Said chapter is further amended by striking Code Section 34-9-19, relating to penalties for false or misleading statements when obtaining or denying benefits, and inserting in its place a new Code Section 34-9-19 to read as follows: 34-9-19. Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. SECTION 5 . Said chapter is further amended by adding immediately following Code Section 34-9-23, relating to the construction and purpose of the chapter, a new Code Section 34-9-24 to read as follows: 34-9-24. (a) There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the

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chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to prevent fraud and abuse. The unit shall promptly notify the appropriate prosecuting attorney's office of any action which involves criminal activity. When so required or requested by the chairperson or the specific district attorney, the unit shall cooperate with the district attorney in the investigation and prosecution of criminal violations. (b) The State Board of Workers' Compensation or any employee or agent thereof is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties under this Code section. SECTION 6 . Said chapter is further amended by adding immediately following Article 1, relating to general provisions, a new Article 1A to read as follows: ARTICLE 1A 34-9-30. (a) This article shall be known and may be cited as the `Workers' Compensation Truth in Advertising Act of 1995.' (b) The purpose of this article is to assure truthful and adequate disclosure of all material and relevant information in advertising which solicits persons to engage or consult an attorney or a medical care provider for the purpose of asserting a workers' compensation claim. 34-9-31. (a) Any television advertisement, with broadcast originating in this state, which solicits persons to file workers' compensation claims or to engage or consult an attorney, a medical care provider, or clinic for the purpose of giving consideration to a workers' compensation claim or to market workers' compensation insurance coverage shall contain a notice, which shall be in boldface Roman font 36 point type and appear in a dark background and remain on the screen for a minimum of five seconds as follows: NOTICE Willfully making a false or misleading statement or representation to obtain or deny workers' compensation benefits is a crime carrying a penalty of imprisonment and/or a fine of up to $10,000.00. 34-9-32. (a) Any advertiser who violates Code Section 34-9-31 is guilty of a misdemeanor and may be subject to a fine of not less than $1,000.00 nor more than $10,000.00 for each violation.

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(b) For the purposes of this article, `advertiser' means any person who provides workers' compensation claims services which are described in advertisements; any person to whom persons solicited by advertisements are directed to for injuries or the provision of workers' compensation claims related services; or any person paying for the preparation, broadcast, dissemination, or placement of such advertisements. SECTION 7 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-100, relating to filing a claim with the board and investigation and hearing by the board, and inserting in its place a new subsection (b) to read as follows: (b) The board shall make or cause to be made any investigation or mediation it considers necessary and, upon its own motion or application of any interested party, order a hearing thereon and assign the claim to an administrative law judge for review. Furthermore, the board may direct the parties to participate in mediation conducted under the supervision and guidance of the board. SECTION 8 . Said chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 34-9-102, relating to the admissibility of medical reports, and inserting in its place a new paragraph (2) to read as follows: (2) Any medical report or document signed and dated by an examining or treating physician or other duly qualified medical practitioner shall be admissible in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or opinion relevant to any medical issue by the person signing the report, as if that person were present at the hearing and testifying as a witness, subject to the right of any party to object to the admissibility of any portion of the report and subject to the right of an adverse party to cross-examine the person signing the report and provide rebuttal testimony within the time allowed by the administrative law judge. The party tendering the medical report may, within the time allowed by the administrative law judge, also introduce the testimony of the person who has signed the medical report for the purpose of supplementing the report. It is the express intent of the General Assembly that the provisions of this paragraph be applied retroactively as well as prospectively. SECTION 9 . Said chapter is further amended by striking paragraph (6) of subsection (g) of Code Section 34-9-200.1, relating to rehabilitation benefits and catastrophic injury cases, and inserting in lieu thereof a new paragraph (6) to read as follows:

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(6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work or any work available in substantial numbers within the national economy. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury. SECTION 10 . Said chapter is further amended by striking Code Section 34-9-203, relating to the employer's pecuniary liability for medical attention, and inserting in its place a new Code Section 34-9-203 to read as follows: 34-9-203. (a) The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the State of Georgia for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons. (b) The employer shall not be liable in damages for malpractice by a physician or surgeon furnished pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such. (c) The board may, in its discretion, assess a penalty of up to 20 percent of reasonable medical charges not paid within 60 days from the date that the employer or the employer's workers' compensation insurance carrier receives the charges and reports required by the board where there has been compliance with the requirements of law and board rules. Said penalty shall be payable to the medical provider. SECTION 11 . Said chapter is further amended by striking Code Section 34-9-265, relating to compensation in cases of death, and inserting in lieu thereof a new Code Section 34-9-265 to read as follows: 34-9-265. (a) When an employee is entitled to compensation under this chapter for an injury received and death ensues from any cause not resulting from the injury for which he or she was entitled to compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. (b) If death results instantly from an accident arising out of and in the course of employment or if during the period of disability caused by an

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accident death results proximately therefrom, the compensation under this chapter shall be as follows: (1) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness and burial expenses not to exceed $5,000.00. If the employee leaves no dependents, this shall be the only compensation; (2) The employer shall pay the dependents of the deceased employee, which dependents are wholly dependent on his or her earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in Code Section 34-9-261 for total incapacity; (3) If the employee leaves dependents only partially dependent on his or her earnings for their support at the time of the injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to the deceased employee's average weekly wages at the time of the injury; (4) When weekly payments have been made to an injured employee before his or her death, compensation to dependents shall begin on the date of the last of such payments; but the number of weekly payments made to the injured employee under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be subtracted from the maximum 400 week period of dependency of a spouse provided by Code Section 34-9-13; and in no case shall payments be made to dependents except during dependency. (c) The compensation provided for in this Code section shall be payable only to dependents and only during dependency. (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 $100,000.00. (e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the dependents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury only if the employer had actual knowledge that the intended act was certain to cause such injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11.

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(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay into the general fund of the state treasury one-half of the benefits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. SECTION 12 . Said chapter is further amended by striking Code Section 34-9-358, relating to the payment of assessments to the Subsequent Injury Trust Fund and the deposit of penalties into the fund, and inserting in lieu thereof a new Code Section 34-9-358 to read as follows: 34-9-358. Each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year less the amount of the net assets in the fund as of December 31 of the preceding calendar year which the total workers' compensation claims paid by the insurer or self-insurer bears to the total workers' compensation claims paid by all insurers and self-insurers during the preceding calendar year. The administrator is authorized to reduce or suspend assessments for the fund when a completed actuarial survey shows further assessments are not needed. An employer who has ceased to be a self-insurer prior to the end of the calendar year shall be liable to the fund for the assessment of the calendar year. The initial assessment of each insurer or self-insurer for the purpose of generating revenue to begin operation of the fund shall be in the amount of one-half of 1 percent of the workers' compensation premiums collected by the insurer for the preceding calendar years from an employer who is subject to this chapter or the equivalent of such in the case of a self-insurer. SECTION 13 . Should any portion of this Act be found to be void for any reason, such portion shall be severed and the remaining portions of this Act shall remain in full force and effect. SECTION 14 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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RETIREMENT AND PENSIONS INVESTMENT AUTHORITY OF CERTAIN PUBLIC RETIREMENT SYSTEMS; INVESTMENT IN CERTAIN CORPORATIONS OR OBLIGATIONS OF CORPORATIONS. Code Title 47 Amended. No. 337 (House Bill No. 662). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country; to provide certain restrictions on such investment; 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 by striking in its entirety Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia, and inserting in lieu thereof the following: 47-2-31. (a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that: (1) Such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and (2) The board of trustees shall not invest more than 50 percent of retirement system assets in equities.

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(b) The board of trustees is authorized to employ agents, including, but not limited to, banks or trust departments, and to contract with such agents for their services as investment advisors and counselors who will make recommendations for investments and make investments, if the board of trustees so authorizes. SECTION 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment authority of the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following: (a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurers in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. No more than 50 percent of retirement system assets may be invested in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the board of trustees so authorizes. SECTION 3 . Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the investment authority of the board of trustees of the Public School Employees Retirement System, and inserting in lieu thereof the following: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in

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corporations or in obligations of corporations organized in a country other than the United States or Canada. The board may not invest more than 50 percent of such funds in equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. SECTION 4 . Said title is further amended by striking in its entirety Code Section 47-8-4, relating to the power of the board of trustees of the Superior Court Judges Retirement Fund of Georgia to invest moneys of the fund, and inserting in lieu thereof the following: 47-8-4. The trustees of this fund shall have authority to invest any of the moneys received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested. SECTION 5 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-9-23, relating to the investment authority of the board of trustees of the Superior Court Judges Retirement System, and inserting in lieu thereof the following: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. SECTION 6 . Said title is further amended by striking in its entirety subsection (b) of Code Section 47-10-23, relating to the investment authority of the board of trustees of the Trial Judges and Solicitors Retirement Fund, and inserting in lieu thereof the following:

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(b) The board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. SECTION 7 . Said title is further amended by striking in its entirety Code Section 47-12-23, relating to the power of the board of trustees of the District Attorneys Retirement Fund of Georgia to invest money of the fund, and inserting in lieu thereof the following: 47-12-23. The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested. SECTION 8 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-13-24, relating to the investment authority of the board of trustees of the District Attorneys' Retirement Fund, and inserting in lieu thereof the following: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities

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and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. REVENUE AND TAXATION HOMESTEAD OPTION SALES AND USE TAX ACT ENACTED. Code Title 48, Chapter 8, Article 2A Enacted. No. 338 (House Bill No. 108). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for procedures with respect to homestead exemptions within certain special districts; to provide for definitions; to provide for funding of services through the levy and collection of a local sales and use tax; to provide for the creation of special districts; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for a referendum and election procedures with respect to the imposition and discontinuation of such tax; to provide for powers, duties, and authority of country governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for administration and collection of such tax; to provide for returns; to provide for distribution of proceeds; to provide for certain credits; to provide for the expenditure of certain excess proceeds; to provide for other matters relative to the foregoing; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article immediately following Article 2, to be designated Article 2A, to read as follows: ARTICLE 2A 48-8-100. This article shall be known and may be cited as the `Homestead Option Sales and Use Tax Act.'

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48-8-101. As used in this article, the term: (1) `Ad valorem taxes for county purposes' means all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire bonded indebtedness. (2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. 48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2. (c) (1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purpose of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purpose, such excess funds shall be used for millage rate adjustment as provided in subparagraph (c)(2)(E) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead

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exemption of an amount to be determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under either Article 2 or Article 3 of this chapter. 48-8-103. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act:

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`NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following: `() YES () NO Shall a retail sales and use tax of 1 percent be levied within the special district within..... County for the purpose of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?' (b) All persons desiring to vote in favor of levying the sales and use tax shall vote `Yes,' and those persons opposed to levying the tax shall vote `No.' If more than one-half of the votes cast are in favor of levying the tax and approving the local Act providing such homestead exemption, then the tax shall be levied in accordance with this article; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in Code Section 48-8-102 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption. 48-8-104. (a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use

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and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows: (A) The homestead factor shall be calculated by dividing the net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year, by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all

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other homestead exemptions have been applied, rounding the result to three decimal places; (B) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; (C) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied, and to the extent the sales and use tax proceeds collected under this article exceed the total revenue lost to the homestead exemptions created by this article, the millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and (D) In the event the rollback created by subparagraph (C) of this paragraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. 48-8-105. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special

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district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article and then against the sales and use tax levied under Article 3 of this chapter, if applicable. 48-8-106. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following: `() YES () NO Shall the 1 percent retail sales and use tax being levied within the special district within..... County for the purpose of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?' (b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote `Yes,' and those persons opposed to discontinuing the tax shall vote `No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted

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to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. 48-8-107. No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this article regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 48-8-108. (a) As used in this Code section, the term `building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in Code Section 48-8-102 shall be imposed in such special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax. 48-8-109. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the sales and use tax authorized to be imposed by this article.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. MOTOR VEHICLES AND TRAFFIC ABANDONED MOTOR VEHICLES; REMOVAL AND STORAGE OF VEHICLES; DETERMINATION OF VEHICLES STATUS AND OWNERSHIP. Code Sections 40-11-2 and 40-11-3 Amended. No. 339 (House Bill No. 185). AN ACT To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain procedures regarding the reporting of an abandoned motor vehicle; to provide for the reporting of certain information to and by the Georgia Crime Information Center; to change certain procedures regarding making the determination as to whether a vehicle is stolen; to provide for entry of information by local law enforcement agencies and for access to certain information by local law enforcement agencies; to eliminate certain inconsistencies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duty of a person storing or removing a vehicle, in its entirety and inserting in lieu thereof the following: 40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or from such officer's agency within 72 hours of removal. The local

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law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72-hours after receipt of such request. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. (e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an

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abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. (f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (h) The Department of Revenue shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the Criminal Justice Information System as stolen vehicles. The results of the determination shall be provided electronically to the Department of Revenue. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any

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reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor. SECTION 2 . Said chapter is further amended by striking Code Section 40-11-3, relating to when a peace officer may remove a vehicle from public property, in its entirety and inserting in lieu thereof the following: 40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle. (b) Any law enforcement officer or employee of the Department of Transportation to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. (c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.

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(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Revenue vehicle registration and vehicle title files. These inquiries shall be made from authorized Criminal Justice Information System network terminals. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact. (3) Law enforcement agencies shall make record entries in Georgia Criminal Justice Information System files through authorized Criminal Justice Information System network terminals after an unsuccessful attempt to obtain vehicle ownership information and shall remove the record entries when ownership is determined. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. PUBLIC OFFICERS AND EMPLOYEES DRUG TESTING REQUIRED FOR CERTAIN APPLICANTS FOR STATE EMPLOYMENT. Code Title 45, Chapter 20, Article 6 Revised. No. 340 (Senate Bill No. 22). AN ACT To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to provide that an applicant for state employment who is offered employment shall submit to an established test for illegal drugs provided the position to be encumbered has been designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test; to provide that an applicant who is offered employment and who refuses to submit to a test or who tests positive for

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illegal drugs shall be disqualified from state employment; to define terms; to provide for confidential status of test results; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, is amended by repealing in its entirety Article 6, relating to drug testing of applicants for state and school system employment. SECTION 2 . The General Assembly finds that requiring an applicant offered state employment to pass a drug test is a necessary requirement for initial employment. Private sector employers in increasing numbers require a drug test, leaving the state as an employer of least resistance for those who use illegal drugs. Studies have shown a direct correlation between preemployment drug tests and job performance. Applicants with positive test results have been linked to poor work quality, increased absenteeism, higher incidence of on-the-job injuries, and higher rates of disciplinary action, including dismissal from employment. Less than satisfactory performance by potential state employees will have a dramatic impact on the state's budget, and the delivery of services to Georgia citizens. Broad categories of state employees regularly perform such functions as: law enforcement duties which include carrying weapons and utilizing arrest powers; providing health care and treatment services to Georgians without direct access to such services, and those with mental health or mental retardation impairments; administering medications; teaching hearing and vision impaired students and adult and juvenile offenders in state custody; driving cars, trucks, vans, buses, and other types of vehicles on state roads and highways to transport patients, passengers, and equipment; using heavy machinery and equipment; providing social work and counseling services often directly related to substance abuse difficulties; providing foster care, adoption, and protective services, often involving at-risk children and the elderly; and countless other occupations with direct public contact. Such duties may also involve drug education, interdiction, and counseling services and be performed in the field with limited immediate supervision. The inefficient use of state funds deprives Georgians of services which are often not provided by other private employers or public sector entities and organizations. The General Assembly finds that the state should, therefore, make every reasonable effort to promote a drug-free workplace in all offices and worksites of state government and, correspondingly, to work diligently to attract a quality work force which provides essential services without unnecessary expenses associated with less than satisfactory performance linked to illegal drug use. The view is

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consistent with Georgia's Drug-free Workplace Act, adopted by the General Assembly in 1990, which declares that Georgia's work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner. SECTION 3 . Said chapter is further amended by enacting a new Article 6 to read as follows: ARTICLE 6 45-20-110. As used in this article, the term: (1) `Applicant' means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not submitted to an established test for illegal drugs. (2) `Established test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended). (3) `Illegal drug' means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term `illegal drug' shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) `Job' means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together. (5) `Medical review officer' means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results. (6) `Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. 45-20-111. (a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code

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section. The analysis must be completed by the effective date of this article. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions. Organizations with positions covered under the classified service of the state merit system shall consult with the commissioner of personnel administration before making final determinations and shall provide the commissioner with a list of designated positions and accompanying documentation and analysis. (b) An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board shall develop rules for the administration of the test and any verification procedures for positions covered under the state merit system. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law. SECTION 4 . This Act shall become effective July 1, 1995, and shall apply with respect to certain persons entering state employment on or after that date. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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STATE BOXING COMMISSION CONTRACTS FOR PROMOTION OF AMATEUR BOXING; SUNSET REPEALED. Code Section 31-31-2 Amended. Code Section 31-31-7 Repealed. No. 341 (Senate Bill No. 35). AN ACT To amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to provide that the State Boxing Commission shall be authorized to contract with certain nonprofit organizations to promote amateur boxing; to repeal a provision relating to the repeal of such chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, is amended by inserting at the end of Code Section 31-31-2, relating to the State Boxing Commission, a new subsection to read as follows: (j) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 47-7-25 for the provision of services related to the promotion of amateur boxing in this state. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 31-31-7, relating to the repeal of such chapter, which reads as follows: 31-31-7. This chapter shall stand repealed in its entirety on June 30, 1995, and on that date the State Boxing Commission shall stand abolished. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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PROPERTY LIENS OF PERSONS WITHOUT PRIVITY OF CONTRACT; NOTICE OF COMMENCEMENT OF WORK; CONTRACTOR REQUIRED TO PROVIDE COPY OF NOTICE UPON REQUEST. Code Section 44-14-361.5 Amended. No. 342 (Senate Bill No. 50). AN ACT To amend Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of commencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contractor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Not later than 15 days after the contractor physically commences work on the property, a Notice of Commencement shall be filed by the owner, the agent of the owner, or by the contractor with the clerk of the superior court in the county in which the project is located. A copy of the Notice of Commencement shall be posted on the project site. The Notice of Commencement shall include: (1) The name, address, and telephone number of the contractor; (2) The name and location of the project being constructed and the legal description of the property upon which the improvements are being made; (3) The name and address of the true owner of the property; (4) The name and address of the person other than the owner at whose instance the improvements are being made, if not the true owner of the property; (5) The name and the address of the surety for the performance and payment bonds, if any; and (6) The name and address of the construction lender, if any. The contractor shall be required to give a copy of the Notice of Commencement to any subcontractor, materialman, or person who

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makes a written request of the contractor. Failure to give a copy of the Notice of Commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provision of this Code section inapplicable to the subcontractor, materialman, or person making the request. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. BANKING AND FINANCE FINANCIAL INSTITUTIONS; DEPARTMENT AND COMMISSIONER; POWERS AND DUTIES; POWERS OF BANKS AND TRUST COMPANIES; DEPOSITS; FACILITIES; CREDIT UNIONS; MONEY ORDERS; CHECK CASHING; MORTGAGE LOANS. Code Title 7, Chapter 1 Amended. No. 343 (Senate Bill No. 103). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions relative to the commissioner, deputy commissioners, and examiners; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services; to provide that the commissioner shall have the authority to promulgate rules and regulations relating to the powers of financial institutions under certain conditions; to provide that the commissioner shall consider certain criteria when exercising discretionary authority to promulgate rules and regulations; to revise provisions relative to examinations of financial institutions; to authorize the commissioner to waive the requirement for the publication of summaries of reports of condition under certain conditions; to change the provisions relating to the removal of officers, directors, and employees of financial institutions; to authorize the commissioner to enter into cooperative or reciprocal agreements and furnish or exchange information with other state or federal regulatory authorities; to expand the corporate powers of banks or trust companies; to enlarge the operational powers of banks or trust companies; to provide that banks may acquire and hold for their own accounts shares of stock or partnership interests in a corporation or partnership engaged in the development of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes; to change the provisions relating to security for

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certain deposits; to provide that banks may keep fiduciary funds in the commercial department of an affiliate under certain conditions; to delete the requirement that the department approve the issuance of common and preferred shares authorized by the articles of banks; to delete the requirement that the department approve employee share plans; to modify the provisions relating to financing involving directors and policy-making officers; to change the filing requirements relating to merger or consolidation and the publication of notice; to provide that the parties to a merger or consolidation shall also file an application with the department; to provide that the department shall conduct an investigation upon receipt of the articles of merger or consolidation, the notice of merger, and other filings and render a decision approving or disapproving the articles of merger or consolidation; to provide for notice to the Secretary of State and the method thereof; to change the provisions relating to mergers or consolidations and the publication of notice relative thereto; to define and redefine certain terms relative to representative offices and out-of-state banks; to provide for the establishment of representative offices by banks domiciled in this state and outside this state; to provide that the department shall provide for the registration of banks or bank holding companies having representative offices in this state; to provide for the registration of banks and bank holding companies conducting agency relationships; to provide that agency relationships must be reflected in a written agreement; to change the provisions relating to the expansion or extension of existing bank facilities, automated teller machines, and point-of-sale terminals; to delete the requirement that the department shall file with the Secretary of State any amendment to the bylaws of a credit union which changes the field of membership proposed in the original articles or as subsequently amended; to change the requirements relating to the posting of a corporate surety bond or bonds; to change provisions relative to the issuance and expiration of licenses to engage in the business of selling checks or money orders; to provide that the department shall issue regulations relating to the renewal of licenses to engage in the business of selling checks or money orders; to change provisions relative to the issuance, expiration, and fees for licenses to engage in the business of cashing checks, drafts, or money orders for consideration; to provide that the department shall issue regulations relating to the renewal of licenses to engage in the business of cashing checks, drafts, or money orders for consideration; to provide that the department shall by regulation establish the license period for international banking corporations; to delete the requirement that the license be conspicuously displayed; to provide that the department shall by regulation establish the registration period and registration fee of international representative offices; to prohibit certain acts relative to the purchase of mortgage loans; to provide for the deposit of certain fees in the general fund of the state; to provide for related matters; to provide for editorial revision; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding between paragraphs (1) and (2) of Code Section 7-1-4, relating to definitions, a new paragraph (1.5) to read as follows: (1.5) `Agency relationship' is a relationship created by a contractual agreement whereby a financial institution agrees with a third party, including another financial institution, to act in a principal or agent capacity to facilitate the conduct of activities related to the business of banking, which activities are currently authorized under this chapter or under other applicable law. SECTION 2 . Said chapter is further amended by striking paragraphs (7) and (21) of Code Section 7-1-4, relating to definitions, and inserting in lieu thereof new paragraphs (7) and (21) to read as follows: (7) `Bank' means a corporation existing under the laws of this state on April 1, 1975, or organized under this chapter and authorized to engage in the business of receiving deposits withdrawable on demand or deposits withdrawable after stated notice or lapse of time; `bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that `bank' shall not include a credit union, a building and loan association, a savings and loan association, or a licensee under Article 4 of this chapter. (21) `Financial institution' means: (A) A bank; (B) A trust company; (C) A building and loan association; (D) A credit union; (E) A corporation licensed to engage in the business of selling checks in this state on April 1, 1975, or so licensed pursuant to Article 4 of this chapter; (F) Business development corporations existing on April 1, 1975, pursuant to the former `Georgia Business Development Corporation Act of 1972,' approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Article 6 of this chapter;

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(G) An international bank agency doing business in this state on April 1, 1975, pursuant to the former `International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; (H) In addition, as the context requires, a national bank, savings and loan association, or federal credit union for the purpose of the following provisions: (i) Code Section 7-1-2, relating to findings of the General Assembly; (ii) Code Section 7-1-3, relating to objectives of this chapter; (iii) Code Section 7-1-8, relating to supplementary principles of law; (iv) Code Section 7-1-37, relating to restrictions on officials and personnel; (v) Code Section 7-1-70, relating to disclosure of information; (vi) Code Section 7-1-90, relating to judicial review of department action; (vii) Subsection (d) of Code Section 7-1-91, relating to orders to desist from conduct illegal under the laws and regulations of this state; (viii) Code Section 7-1-94, relating to the evidentiary results of examinations and investigations; (ix) Code Sections 7-1-111 and 7-1-112, relating to emergency closings; (x) Code Sections 7-1-110 and 7-1-294, relating to permissive closings; (xi) Code Section 7-1-133, relating to prohibited advertising; (xii) Paragraph (10) of Code Section 7-1-261, relating to additional operational powers of banks and trust companies; (xiii) Paragraph (3) of subsection (a) of Code Section 7-1-394, relating to criteria to be considered in approving new banks; (xiv) Code Section 7-1-658, relating to loans; (xv) Code Section 7-1-840, relating to criminal prosecutions; and (xvi) Code Section 7-1-841, relating to application of Title 16 provisions; (I) For the purposes of Code Section 7-1-61, `financial institution' shall also include a bank holding company as defined in Code Section 7-1-605; and

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(J) For the purposes of paragraph (10) of Code Section 7-1-261, relating to agency relationships, `financial institution' shall include banks chartered by states other than Georgia. SECTION 3 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-7, relating to publication of notices or advertisements, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The department may waive or modify any requirement to publish a notice: (1) In order to facilitate a merger, consolidation, or sale of assets pursuant to paragraph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank; (2) Whenever it determines that multiple publications are required to facilitate a series of transactions without commensurate public benefit being served by the second or other further publication of substantially the same transaction as was the subject of the first publication; or (3) By regulation, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; provided, however, in no event shall the regulation provide for the publication of a notice for less than once a week for two weeks. SECTION 4 . Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputy commissioners, and examiners, in its entirety and inserting in lieu thereof a new Code Section 7-1-37 to read as follows: 7-1-37. (a) Except as provided in subsections (c) and (d) of this Code section, neither the commissioner, any deputy commissioner, nor any examiner employed by the department shall directly or indirectly: (1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attorney, or subsidiary of a financial institution; (2) Own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (3) Engage in the business of a financial institution.

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(b) For purposes of this Code section, the term `financial institution' shall include a bank holding company and any subsidiary of a bank holding company. (c) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner, any deputy commissioner, and 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 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. All undertakings, including but not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All undertakings of a similar nature to those set forth above on the part of any examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, 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 may not exceed $10,000.00 nor to a consumer loan not in excess of $20,000.00 made to the employee where the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes, nor to a mortgage loan or loans secured by the employee's personal residence, nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided 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, however, be reported as provided in subsection (c) of this Code section. (e) No examiner, which for the purposes of this Code section shall include a supervisor as defined by the department, may examine a financial institution to which he or she is indebted, nor may an examiner

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obtain credit from a financial institution if he or she has examined such financial institution in the preceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner. (f) No director, officer, agent, employee, or attorney of a financial institution, individually or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commissioner, any deputy commissioner, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential. (g) The commissioner, any deputy commissioner, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (h) The commissioner may adopt additional supplementary administrative or departmental rules governing ethical conduct and conflicts of interest on the part of employees of the department. SECTION 5 . Said chapter is further amended by striking Code Section 7-1-43, relating to disposition of fees collected and payment of expenses from appropriations, in its entirety and inserting in lieu thereof a new Code Section 7-1-43 to read as follows: 7-1-43. Fees prescribed by this chapter shall be collected by the department and deposited with the Office of Treasury and Fiscal Services. All of the expenses incurred in connection with the conduct of the business of the department shall be paid out of the appropriations of funds to the department by the General Assembly. Such expenses shall include all expenses incurred as travel expenses by personnel of the department when away from their official station as assigned by the commissioner. SECTION 6 . Said chapter is further amended by striking Code Section 7-1-61, relating to rules and regulations, in its entirety and inserting in lieu thereof a new Code Section 7-1-61 to read as follows: 7-1-61. (a) The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is

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expressly authorized to make rules and regulations, consistent with this chapter, relating to organization, operations, and powers of financial institutions to: (1) Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or (2) Protect financial institutions jeopardized by new economic or technological conditions. (b) In the exercise of the discretion permitted by this Code section, the commissioner shall consider: (1) The ability of financial institutions to exercise any additional powers in a safe and sound manner; (2) The authority of national banks operating pursuant to federal law, regulation, or authoritative pronouncement; (3) The powers of other entities providing financial services in this state; and (4) Any specific limitations on bank operations or powers contained in this chapter. (c) Rules and regulations promulgated by the department may provide for controls and restrictions reasonably necessary to prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393 or which would unfairly operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate. (d) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time. SECTION 7 . Said chapter is further amended by striking Code Section 7-1-64, relating to department examinations and investigations and disclosure of information or prior notice regarding examinations of financial institutions, in its entirety and inserting in lieu thereof a new Code Section 7-1-64 to read as follows: 7-1-64. (a) Except as otherwise provided in subsection (b) of this Code section, the department shall examine all financial institutions at least once each

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year and may examine or investigate any financial institution more frequently at any time it deems such action necessary or desirable. At least once annually the examination shall consist of a comprehensive review of the accounts, records, and affairs of the institution. (b) The department may, consistent with the objectives of this chapter and the purposes listed below, alter the examination frequency and scope as set out in subsection (a) of this Code section: (1) To achieve cooperation and coordination with other state and federal regulatory authorities including but not limited to examination programs of banks or bank holding companies having multistate operations; (2) To assure that appropriate time and attention is devoted to the supervision of troubled financial institutions; or (3) To minimize the examination burden on well-managed financial institutions which have consistently been operated with safe and sound banking practices. (c) In the case of a financial institution which is a member of the Federal Reserve System or whose deposits are insured by a public body of the United States, the department may accept, in lieu of any examination required by this Code section, examinations or reports thereof made pursuant to the Federal Reserve Act or statutes of the United States authorizing such insurance. (d) Employees of the department shall not divulge any information or prior notice, directly or indirectly, to any officer, director, agent, representative, or employee of a financial institution concerning the time or date of examination of the financial institution except in accordance with internal policy prescribed by the commissioner. Employees violating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal. SECTION 8 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-68, relating to reports to the department, publication of summaries, and penalty for noncompliance, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the registered office of the institution. The department may waive this requirement, in whole or in part, with respect to financial institutions which make their financial statements readily

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available to the public, including their customer base, and with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution. SECTION 9 . Said chapter is further amended by striking Code Section 7-1-71, relating to removal of officers, directors, or employees, in its entirety and inserting in lieu thereof a new Code Section 7-1-71 to read as follows: 7-1-71. (a) The department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution or persistently to have violated the laws of this state or the lawful orders or regulations of the department, who shall have been indicted for any crime involving moral turpitude or breach of trust, or who shall have evidenced an inability to conduct his or her own financial affairs or the affairs of a company in which such individual owns a majority interest in a fiscally responsible or lawful fashion. (b) Any person suspended under subsection (a) of this Code section may request his or her reinstatement in writing delivered to the department within ten days of his or her suspension. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed. (c) Upon request for reinstatement, the department shall conduct a hearing to determine if the reinstatement should be granted or the removal made permanent. The decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90. SECTION 10 . Said chapter is further amended by adding at the end of Part 3 of Article 1 a new Code Section 7-1-78 to read as follows: 7-1-78. (a) The department may, at its discretion, enter into cooperative or reciprocal agreements with other state or federal regulatory authorities and may furnish to such authorities information contained in the examinations, reports, and institution files, provided the information is to be used for confidential, regulatory purposes. (b) Furnishing information as permitted by this Code section shall not be deemed to change the confidential character of the information furnished.

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(c) The department may accept reports of examination and other records from such authorities in lieu of conducting its own examination. (d) The department may take such actions as are reasonably necessary, either independently or with such regulatory agencies, to facilitate the regulation of financial services providers doing business in this state. SECTION 11 . Said chapter is further amended by striking paragraph (7) of Code Section 7-1-260, relating to general corporate powers, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) To make, irrespective of corporate benefit, loans, investments, contributions, and donations for community development and the promotion of the public welfare or for other religious, charitable, scientific, educational, hospital, civic, or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto;. SECTION 12 . Said chapter is further amended by striking paragraphs (9) and (10) of Code Section 7-1-261, relating to additional operational powers, and inserting new paragraphs (9) through (11) to read as follows: (9) To hold property lawfully held on April 1, 1975, irrespective of any restriction or limitation in this chapter, subject to the inclusion of any such property in any computation of limitation on the acquisition of property of like character under this chapter; (10) To enter into an agency relationship as defined in Code Section 7-1-4 subject to restrictions and qualifications prescribed by regulations of the department; (11) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized including those authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288 and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department. SECTION 13 . Said chapter is further amended by striking the word and at the end of paragraph (2) of subsection (c) of Code Section 7-1-288, relating to a bank's corporate stock and securities, by striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word and, and by adding a new paragraph (4) to read as follows: (4) Shares of stock or partnership interests in a corporation or partnership the primary business of which, as determined by the

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department, is to promote the public welfare or community development by engaging in the development of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be subject to such limitations and approval procedures as the department deems necessary in order to assure that such investments are not a safety and soundness concern. SECTION 14 . Said chapter is further amended by striking Code Section 7-1-289, relating to security for deposits, in its entirety and inserting in lieu thereof a new Code Section 7-1-289 to read as follows: 7-1-289. (a) A bank may, unless otherwise specifically approved in writing by the department, pledge or otherwise grant security interests in its assets to secure deposits of: (1) Public funds; (2) Funds of a pension fund for employees of a public body of the state; (3) Funds for which a public body of the state or an officer or employee thereof or any court of law is the custodian or trustee pursuant to statute; (4) Funds held by the department as receiver; (5) Funds which are required to be secured by law or by an order of a court; (6) Its own fiduciary funds or the fiduciary funds of an affiliate. In either case, the funds shall be deposited with the pledging institution and held in its commercial department; and (7) Public funds deposited in another bank. (b) A bank may not pledge or otherwise grant security interests in its assets as security for deposits other than the deposits listed in subsection (a) of this Code section. SECTION 15 . Said chapter is further amended by striking paragraph (3) of Code Section 7-1-311, relating to operations as a fiduciary, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Keep fiduciary funds awaiting investment or distribution in deposits in an authorized financial institution (including, in the case

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of a trust company which is also a bank, its own commercial department or the commercial department of an affiliate as provided in Code Section 7-1-289) which is insured or, to the extent of any deficiencies in insurance coverage, fully secured by a pledge or assignment of bonds or obligations of the United States, this state, or a public body of either or other obligations guaranteed as to principal and interest by the United States, this state, or a public body of either or real estate loans secured by a first lien or security title to improved realty and insured pursuant to any title of the National Housing Act. The beneficial owners of such uninvested funds shall have a first and prior lien on such security;. SECTION 16 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-416, relating to the method of issuance of common and preferred shares authorized by the articles, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Unless more restrictive procedures are stated in the articles, the board of directors may, by resolution duly adopted, issue from time to time, in whole or in part, common or preferred shares authorized by the articles. SECTION 17 . Said chapter is further amended by striking subsection (e) of Code Section 7-1-488, relating to agents, officers, and employees and employee share plans, and inserting in lieu thereof a new subsection (e) to read as follows: (e)(1) Except as otherwise provided in the articles, a bank or trust company may adopt and carry out a plan, approved by the directors and the affirmative vote of a majority of the shares entitled to vote thereon, for the sale of shares, or for the granting of options for shares, to some or all of the officers and employees of the bank or trust company or of any affiliate of the bank or trust company or to a trustee on behalf of such employees, upon such terms and conditions and in such manner as may be provided by the bylaws or by the board. In any such plan: (A) Such shares may be sold or optioned upon terms (not less than the par value thereof) which are deemed advantageous to the bank or trust company by the directors other than directors who may benefit by their action or, if the number of directors who will not benefit by the action is fewer than three, by the shareholders; and (B) In the absence of fraud in the transaction, the judgment of the board of directors or the shareholders as to the adequacy of the consideration received for any rights or options to purchase shares under the plan shall be conclusive.

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(2) Such a plan may be adopted whether or not it qualifies for special tax treatment under the laws of the United States. SECTION 18 . Said chapter is further amended by striking Code Section 7-1-491, relating to financing involving directors or policy-making officers, in its entirety and inserting in lieu thereof a new Code Section 7-1-491 to read as follows: 7-1-491. In addition to other provisions in this chapter and federal law, a bank or trust company shall not make loans or otherwise extend financing to any one of its directors or policy-making officers except on terms, rates, and conditions which are not preferential. Preferential terms, rates, and conditions shall be determined by comparison to those terms, rates, and conditions offered contemporaneously to other borrowers making substantially similar loan requests, having substantially similar credit histories, and offering substantially similar collateral. Such loans shall be made only after the application of prudent loan underwriting criteria normally applied to loan requests of a similar nature from applicants who are not directors and policy-making officers. Approval procedures for such loans should be designed to minimize any potential abuse by bank insiders. SECTION 19 . Said chapter is further amended by striking Code Section 7-1-532, relating to execution, contents, and filing of articles of merger or consolidation and referral to department, and inserting in lieu thereof a new Code Section 7-1-532 to read as follows: 7-1-532. (a) Upon adoption of the plan of merger or consolidation as provided in Code Section 7-1-531, the parties to the merger or consolidation shall file in duplicate with the department articles of a merger or consolidation as required by this Code section, together with the fee required by Code Section 7-1-862. (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain: (1) The names of the parties to the plan and of the resulting bank or trust company; (2) The county of the location of the registered office of each; (3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption;

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(4) The names and addresses of the first directors of the resulting bank or trust company; (5) In the case of a merger, any amendment of the articles of the resulting bank or trust company; (6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (3), (4), (5), (6), and (9) of subsection (a) of Code Section 7-1-392; and (7) The plan. (c) Together with the articles of merger or consolidation, the parties shall deliver to the department a copy of the notice of merger or consolidation and an undertaking, which may appear in the articles of merger or consolidation or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such bank or trust company, that the request for publication of a notice of filing the articles of merger or consolidation and payment therefor will be made as required by subsection (d) of this Code section. (d) No later than the next business day after filing the articles of merger or consolidation with the department, the parties shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered or main office of each party is located a notice which shall contain a statement that the articles of merger or consolidation have been filed with the department, the names of the institutions which are parties to the proposed merger or consolidation, and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. Subsections (b) and (c) of Code Section 7-1-7 shall also apply to the notice. (e) The request for publication of the notice shall be accompanied by a check, draft, or money order in the proper amount in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. (f) In the event the plan is amended as provided in Code Section 7-1-531, the parties shall promptly file in duplicate with the department an amendment to the articles of consolidation or merger reflecting such amendment of the plan. SECTION 20 . Said chapter is further amended by striking Code Section 7-1-533, relating to filings with the department and publication of notice, in its entirety and inserting in lieu thereof a new Code Section 7-1-533 to read as follows:

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7-1-533. The parties to the plan shall also file with the department: (1) An application and information desired by the department in order to evaluate the proposed merger or consolidation, which shall be made available in the form specified by the department; (2) Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section 7-1-534; and (3) If the merger or consolidation involves the adoption of a new name, a certificate of the Secretary of State reserving said name under Code Section 7-1-131. SECTION 21 . Said chapter is further amended by striking Code Section 7-1-534, relating to approval or disapproval of articles of consolidation or merger by the department, in its entirety and inserting in lieu thereof a new Code Section 7-1-534 to read as follows: 7-1-534. (a) Upon receipt of the articles of consolidation or merger and the notice of merger and the filings required by Code Section 7-1-533, the department shall conduct such investigation as it may deem necessary to ascertain whether: (1) The articles of merger or consolidation and supporting items satisfy the requirements of this chapter; (2) The plan and any modification thereof adequately protect the interests of depositors, other creditors, and shareholders; (3) The requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting bank or trust company would satisfy the requirements of this chapter applicable to it; and (4) The merger or consolidation would be consistent with adequate and sound banking or fiduciary practice and in the public interest on the basis of: (A) The financial history and condition of the parties to the plan; (B) Their prospects; (C) The character of their management; and (D) The convenience and needs of the area primarily to be served by the resulting institution. (b) Within 90 days after receipt of the articles of merger or consolidation, the notice of merger, and the filings required by Code Section

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7-1-533, or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-1-535, the department shall give the Secretary of State written notice of its approval with a copy of the articles of merger or consolidation and a copy of the notice of merger attached. The department shall also give the parties to the plan written notice of its decision and, in the event of disapproval, a statement in general of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. SECTION 22 . Said chapter is further amended by striking Code Section 7-1-552, relating to national bank to state bank or trust company conversions, mergers, and consolidations, filings with the department, and publication of notice, in its entirety and inserting in lieu thereof a new Code Section 7-1-552 to read as follows: 7-1-552. (a) In the case of a merger or consolidation, the parties shall make the filings and publication required by Code Sections 7-1-532 and 7-1-533. (b) In the case of a conversion, the national bank shall also file with the department: (1) Information desired by the department in order to evaluate the proposed conversion, in the form specified by the department; (2) Applicable fees established by regulation of the department to defray the expenses of its investigation under Code Section 7-1-553; and (3) A certificate of the Secretary of State showing that the proposed name of the resulting bank or trust company has been reserved under Code Section 7-1-131. (c) In the case of a conversion, the national bank shall publish, in the manner prescribed by Code Section 7-1-532, a notice of the proposed conversion, setting forth its name and the name it proposes to use as a bank or trust company and designating the place where a copy of the plan of conversion may be examined. The notice shall be published in the county of the main office of the national bank. SECTION 23 . Said chapter is further amended by striking Part 17 of Article 2, relating to representative offices of out-of-state banks, in its entirety and inserting in lieu thereof a new Part 17 of Article 2 to read as follows:

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Part 17 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' may include any one or a combination of the powers of a bank as set out in Part 3 of this article, but 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) `Domicile' means the home state where a bank or bank holding company is chartered or incorporated. (3) `Loan production office' is a limited form of a representative office, engaged in the solicitation of loans or of leases of personal property and not in the disbursement of loan proceeds nor in any other banking business. It shall be treated as a representative office. (4) `Representative office' is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting other than a banking business. It shall not be considered to be a parent bank, branch bank, bank office, or bank facility. 7-1-591. A bank domiciled in this state and operating under its laws or the laws of the United States or a subsidiary or agent of said bank may establish a representative office anywhere except where it is authorized to carry on a banking business. A bank holding company domiciled in this state and operating under its laws or the laws of the United States or a nonbank subsidiary or agent of such bank holding company may establish a representative office anywhere in this state. 7-1-592. A bank or bank holding company domiciled outside this state and operating under the laws of such other state or territory or of the United States, which entity does not maintain a place of business for the purpose of transacting a banking business or any part thereof in or through an office in this state, or its subsidiary or agent, may establish representative offices anywhere in this state. 7-1-593. (a) A bank or bank holding company having a representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed according to regulations issued by the department, shall be accompanied by a registration fee prescribed by regulations of the department, and shall

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list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the offices, and such other information as the department may require. The department may consolidate these requirements and those for agency relationships with the holding company registration required in Part 18 of this article. (b) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business. 7-1-594. (a) Banks or bank holding companies which are conducting agency relationships must register with the department to ensure the orderly and safe transaction of the banking business and to protect the interest of the state's depositors and creditors. Each such bank or bank holding company shall register with the department on forms prescribed by the department, shall file according to regulations issued by the department, may be subject to a registration fee prescribed by regulations of the department, and shall provide the name of the agent, the street address and activities of the agent, a copy of the agency agreement, and such other information as the department may require. (b) An agency relationship as defined in paragraph (1.5) of Code Section 7-1-4 must be on terms consistent with safe and sound banking practices and protection of the consumers of this state. The department may review and, where lawful, regulate the operations of any agency relationship to ensure such compliance. An agency relationship must be reflected in a written agreement which provides for orderly resolution of customer complaints, record keeping, liability of the respective parties in the agency relationship, conformity to applicable principal-agent, banking, and other state law, and disclosure to the customer of all pertinent information. SECTION 24 . Said chapter is further amended by striking Code Section 7-1-603, relating to expansion or extension of existing facilities, automated teller facilities, and point-of-sale terminals, in its entirety and inserting in lieu thereof a new Code Section 7-1-603 to read as follows: 7-1-603. (a) As used in this Code section, the term: (1) `Automated teller machine' means electronic equipment which performs routine banking transactions including, but not limited to, the taking of deposits for the public at locations off premises of a parent bank, branch bank, bank office, or bank facility under regulations prescribed by the commissioner.

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(2) `Cash dispensing machine' means for the purposes of this part and as used in paragraph (4) of subsection (b) of Code Section 7-1-241 an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services. Such machines may provide account information but may not initiate intrabank transactions other than those necessary and incidental to the dispensing of cash. (3) `Point-of-sale terminal' means electronic equipment located in nonbank business outlets to record electronically with a bank transactions occurring as a result of the sale of goods or services. For purposes of this Code section, the terms `automated teller machine,' `point-of-sale terminal,' and `cash dispensing machine' shall not include personal communication devices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single bank customer. It is not the intent of this Code section to limit the ability of banks or other entities to utilize personal communication devices. The department may by regulation further define the meaning of `automated teller machine,' `point-of-sale terminal,' `cash dispensing machine,' and `personal communication device' consistent with the objectives set forth in Code Section 7-1-3. (b) Notwithstanding any other provisions of this part, a bank may establish and operate an additional location as provided in this Code section which shall not be considered a bank office or bank facility as defined in this part, but such additional location shall be deemed an extension of the existing parent bank, branch bank, bank office, or bank facility and shall require no approval from the department unless otherwise specified. (c) Any such extension may be established under the following conditions and circumstances only: (1) Within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically connected to the banking house or place of business; (2) Within 200 yards of a parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically connected to the banking house or place of business and after being granted the prior written approval of the department stating that such extension qualifies for this exception; (3) Automated teller machines shall be unstaffed and shall be located within the county in which a parent bank, branch bank, bank office, or bank facility is lawfully located. These machines may be operated

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individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions; (4) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; or (5) A point-of-sale terminal may be located anywhere in the state. SECTION 25 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-634, relating to amendment of articles and bylaws, and inserting a new subsection (c) to read as follows: (c) The department shall maintain a permanent record of any approved amendment to the bylaws of a credit union which changes the field of membership proposed in the original articles or as subsequently amended. SECTION 26 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-683, relating to license application, fee, bonding, and security deposits, and inserting in lieu thereof a new subsection (c) to read as follows: (c) In lieu of such corporate surety bond or bonds or of any portion of the principal thereof, the applicant may deposit with a bank or trust company located in this state, as such applicant may designate and the department may approve, certificates of deposit insured by a federal agency, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof or guaranteed by the United States or of the State of Georgia or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by the state to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. These assets shall be held to secure the same obligations as would the surety bond; but the licensee shall be entitled to receive all interest thereon and shall have the right, with the approval of the department, to substitute other assets approved by this Code section for those deposited and shall be required to do so on written order of the department made for good cause shown; provided, however, if the licensee substitutes assets more than once during the license period the department may charge a fee for the processing of such substitution to be prescribed by regulations of the department. In the event of the failure or insolvency of such licensee, the assets, any proceeds therefrom, and the funds deposited pursuant to this Code section shall be applied to the payment in full of claims arising out of transactions in this state for the sale or issuance of checks.

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SECTION 27 . Said chapter is further amended by striking Code Section 7-1-684, relating to investigation of applicants, granting of licenses, and single license for issuer and subsidiary seller, in its entirety and inserting in lieu thereof a new Code Section 7-1-684 to read as follows: 7-1-684. Upon the filing of the application, accompanied by the documents and fee prescribed in Code Section 7-1-683, the department shall conduct an investigation to determine if the criteria established by Code Section 7-1-682 have been satisfied. If the department determines to its satisfaction that the criteria of Code Section 7-1-682 have been met, it shall issue to the applicant a license to engage in the business of selling and issuing checks in this state. A license issued pursuant to this article shall remain in force and effect through its expiration date unless earlier surrendered, suspended, or revoked pursuant to this article. Where a corporation engages only in the business of selling checks issued by another corporation which is primarily obligated for payment of the checks and the seller is a wholly owned subsidiary of or is wholly owned by the sole corporate shareholder of the issuer, the department may grant a single license naming both the seller and issuer as joint licensees. In such cases, only a single license fee shall be collected and only one corporate surety bond pursuant to Code Section 7-1-683 may be required where such bond names both the seller and issuer. SECTION 28 . Said chapter is further amended by striking Code Section 7-1-685, relating to renewal of licenses and annual license fee, in its entirety and inserting in lieu thereof a new Code Section 7-1-685 to read as follows: 7-1-685. A license may be renewed for a period to be established by regulations of the department upon the filing of an application conforming to the requirements of Code Section 7-1-683 with such modifications as the department may allow. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. If a renewal application is filed with the department before expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. SECTION 29 . Said chapter is further amended by striking subsection (e) of Code Section 7-1-702, relating to background investigation, effect of past convictions,

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conviction data, license posting requirements, and term of license, and inserting in lieu thereof a new subsection (e) to read as follows: (e) A license issued pursuant to this article shall remain in force and effect through its expiration date unless earlier surrendered, suspended, or revoked pursuant to this article. SECTION 30 . Said chapter is further amended by striking Code Section 7-1-703, relating to license renewal, in its entirety and inserting in lieu thereof a new Code Section 7-1-703 to read as follows: 7-1-703. A license may be renewed for a period to be established by regulations of the department upon the filing of an application substantially conforming to the requirements of Code Section 7-1-701 with such modifications as the department may specify and as may be necessary. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. If a renewal application is filed with the department before expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. SECTION 31 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-716, relating to effect, renewal, and revocation of licenses and permissible activities, and inserting in lieu thereof a new subsection (a) to read as follows: (a) When the department shall have issued a license to any such international banking corporation, it may engage in the business authorized by this article at the office specified in such license until the license expires or until such license is surrendered or revoked. The department may establish the license period by regulation. No such license shall be transferable or assignable. SECTION 32 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-721, relating to international representative offices, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each international representative office located in this state shall register with the Department of Banking and Finance annually on forms prescribed by the department. Such registration shall be filed in

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accordance with departmental regulation, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the name and telephone and facsimile numbers of the local representative, the street address of the office, and the nature of the business to be transacted in or through the office. SECTION 33 . Said chapter is further amended by striking Code Section 7-1-1002, relating to the prohibition against transacting business without a license or complying with registration requirements, in its entirety and inserting in lieu thereof a new Code Section 7-1-1002 to read as follows: 7-1-1002. (a) On and after July 1, 1993, it is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person: (1) Is licensed as such by the department; or (2) Is a person exempted from the licensing requirements pursuant to Code Section 7-1-1001. (b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year, knowingly to purchase one or more mortgage loans from a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. SECTION 34 . Said chapter is further amended by striking Code Section 7-1-1011, relating to annual fees, in its entirety and inserting in lieu thereof a new Code Section 7-1-1011 to read as follows: 7-1-1011. (a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and which fees may vary according to whether a person is a licensee or registrant or is a mortgage broker or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender. (b) (1) As used in this subsection, the term `collecting agent' means the person listed as the secured party on a security deed or other loan

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document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mortgage loan transaction. (2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article which, as defined in Code Section 7-1-1000, includes all mortgage loans, whether or not closed by a licensee or registrant, a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Revenue collected by the department pursuant to this subsection shall be deposited in the general fund of the state. (3) The fee imposed by this subsection shall be a debt from the borrower to the collecting agent until such assessment is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee. SECTION 35 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-1018, relating to cease and desist order, enforcement procedure, civil penalty, and fines, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regulation of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices. In the case of an unlawful purchase of mortgage loans, such cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. SECTION 36 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. DECEPTIVE OR UNFAIR TRADE PRACTICES DISASTER RELATED VIOLATIONS; ADDITIONAL CIVIL PENALTY; CIVIL REMEDIES. Code Title 10, Chapter 1, Article 15, Part 6 Enacted. No. 344 (Senate Bill No. 116). AN ACT To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, so as to

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provide for additional civil penalties and civil remedies for violations committed in connection with the sale of supplies for or repair of structures damaged in natural disasters; to define terms; to prescribe activities covered; to provide for penalties and rights of action; 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 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, is amended by adding a new Part 6 to read as follows: Part 6 10-1-438. (a) As used in this part, the term: (1) `Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) `Disaster related violation' means any violation of Part 1, 2, or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or (B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster. (3) `Natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor. (b) Whenever the administrator or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction. (c) Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.

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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 and shall apply with respect to violations occurring on or after that effective date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. LOCAL GOVERNMENT CONTRACTS FOR REGIONAL FACILITIES; CONDITIONS, LIMITATIONS, AND RESTRICTIONS ON EXERCISE OF POWERS OF COUNTIES AND MUNICIPALITIES TO ENTER CONTRACTS. Code Title 36, Chapter 73 Enacted. No. 345 (Senate Bill No. 126). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to impose certain conditions, limitations, and restrictions upon the exercise of the constitutional powers granted to counties and municipalities to enter into contracts for regional facilities; to require public hearings and public notices prior to the adoption of such contracts; to require financial feasibility studies under certain conditions; to provide that such contracts shall not abridge previously existing powers, authority, rights, and duties of sheriffs; 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 government, is amended by adding after Chapter 72 a new Chapter 73 to read as follows: CHAPTER 73 36-73-1. It is the purpose of this chapter to provide certain conditions, limitations, and restrictions upon the exercise of the powers granted to counties and municipalities to enter into contracts for regional facilities under Article IX, Section IV, Paragraph IV of the Constitution.

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36-73-2. A county or municipality which proposes to enter into a contract under Article IX, Section IV, Paragraph IV of the Constitution shall, prior to entering into such contract, conduct at least one public hearing with respect to such proposed contract. Notice of such public hearing shall be given by a prominent advertisement in a newspaper of general circulation within the county or municipality. The parties proposing to enter into a contract may agree to conduct a joint public hearing in lieu of separate public hearings by each party. The notice of public hearing required in the case of a municipality may be combined with a notice of public hearing for the county within which the municipality is located. 36-73-3. Where a county or municipality proposes to enter into a contract for a regional facility which will be located outside of such county or municipality and such contract will require the expenditure of public funds of the county or municipality, the county or municipality shall, prior to entering into the contract, conduct a financial feasibility of the contract. Such study may be conducted by the county or municipality or the county or municipality may contract with another party for the conducting of the study. Two or more parties proposing to enter into a contract may conduct or contract for a joint financial feasibility study, but in this case the financial feasibility study shall separately address the fiscal concerns of each party to the proposed contract. A financial feasibility study shall at a minimum include a statement of the expected useful life of the regional project and a statement or projection of the costs and benefits to the county or municipality over the entire expected useful life of the project. 36-73-4. No contract under Article IX, Section IV, Paragraph IV of the Constitution shall in any manner impinge upon the constitutional and statutory powers, authority, rights, and duties granted to the sheriffs of this state prior to the adoption of said Paragraph IV. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to contracts entered into on or after that effective date but shall not invalidate any contract entered into prior to that effective date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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EDUCATION FUNDING; CONSTRUCTION RESERVE TRUST FUND; APPROPRIATION OF LOTTERY FUNDS; PROGRAM WEIGHTS; SALARIES FOR SUPERINTENDENTS AND CERTAIN PERSONNEL. Code Section 20-1-8 Enacted. Code Section 20-2-161 Amended. Code Section 20-2-186 Revised. No. 346 (House Bill No. 129). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change provisions relating to educational funding; to provide for a construction reserve trust fund; to provide that lottery funds for new capital construction projects for educational purposes may be appropriated to such fund; to provide for the periods of time within which funds so appropriated must be designated and contractually obligated; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula; to change provisions relating to funding of salaries of superintendents, administrative personnel, and visiting teachers; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end of Article 1 of Chapter 1 a new Code Section 20-1-8 to read as follows: 20-1-8. Any lottery funds appropriated for purposes of new capital construction shall be placed in a Construction Reserve Trust Fund to be maintained by the appropriate fiscal officers of state government. Funds so placed in the Construction Reserve Trust Fund shall be deemed to be committed for educational purposes and programs in compliance with subsection (d) of Code Section 50-27-13. Any such funds must be designated by project by the appropriate educational agency no later than June 30 of the fiscal year for which the funds were appropriated. Any such funds must be contractually obligated no later than June 30 of the fiscal following the fiscal year for which the funds were appropriated. Any funds not designated or contractually obligated within such time periods shall lapse; and additionally any funds not expended as originally designated and obligated within 24 months after the close of the fiscal

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year for which such funds were originally appropriated shall lapse. Any funds so lapsing shall lapse to the general fund of the state treasury and shall be credited to the Lottery for Education Account. SECTION 2 . (a) The General Assembly finds and determines that certain changes should be made in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula. This section accordingly provides for the assignment of certain program weights which shall apply beginning July 1, 1995. (b) Said Title 20 is further amended by striking subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, in its entirety and inserting in its place a new subsection (b) to read as follows: (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights: (1) Kindergarten program 1.3286 (2) Primary grades program (1-3) 1.2432 (3) Upper elementary grades program (4-5) 1.0197 (4) Middle grades program (6-8) 1.0242 (5) High school general education program (9-12) 1.000 (6) High school nonvocational laboratory program (9-12) 1.2428 (7) Vocational laboratory program (9-12) 1.3557 (8) Program for the handicapped: Category I 2.3419 (9) Program for the handicapped: Category II 2.7204 (10) Program for the handicapped: Category III 3.4579 (11) Program for the handicapped: Category IV 5.5838 (12) Program for intellectually gifted students: Category V 1.6374 (13) Remedial education program 1.2985 SECTION 3 . Said Title 20 is further amended by striking Code Section 20-2-186, relating to program weights to reflect funds for salaries of superintendents, administrative personnel, and visiting teachers, which reads as follows:

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20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent regardless of system size, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly., and inserting in its place a new Code section to read as follows: 20-2-186. Funds provided under this article shall include the following for local systems to pay the beginning salaries of superintendents, secretaries, and accountants, subject to appropriation by the General Assembly: (1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and one-half the salary of a secretary; and (2) For numbers of full-time equivalent students over 1,000 and less than 2,001, 80 percent of the amount obtained by multiplying the number of students over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (3) For numbers of full-time equivalent students over 2,000 and less than 3,001, 70 percent of the amount obtained by multiplying the number of students over 2,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (4) For numbers of full-time equivalent students over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of students over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and

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(5) For numbers of full-time equivalent students over 4,000 and less than 10,001, 33 percent of the amount obtained by multiplying the number of students over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (6) For numbers of full-time equivalent students over 10,000, an amount equal to 25 percent of the amount obtained by multiplying the number of students over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 20-2-181 and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly. SECTION 4 . Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval; and Section 1 of this Act shall apply with respect to appropriations for the fiscal year ending June 30, 1995, as well as all future fiscal years. Sections 2 and 3 of this Act shall become effective on July 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. STATE GOVERNMENT EXEMPTION FROM PUBLIC DISCLOSURE OF CERTAIN RECORDS. Code Section 50-18-72 Amended. No. 347 (Senate Bill No. 170). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of certain records, so

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as to add limited restrictions on the disclosure of the location and character of certain historic properties and the location of sensitive natural habitats on private or public land and site specific information relating to the occurrence of rare species of plants or animals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of certain records, is amended by striking paragraphs (8) and (9) of subsection (a) and inserting in lieu thereof new paragraphs (8), (9), (10), and (11) to read as follows: (8) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly; (9) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall not apply to any records prepared in the course of the operation of state or local governments of the State of Georgia; (10) Records that contain information from the Department of Natural Resources inventory and register relating to the location and character of a historic property or of historic properties as those terms are defined in Code Sections 12-3-50.1 and 12-3-50.2 if the Department of Natural Resources through its Division of Historic Preservation determines that disclosure will create a substantial risk of harm, theft, or destruction to the property or properties or the area or place where the property or properties are located; or (11) Records that contain site specific information regarding the occurrence of rare species of plants or animals or the location of sensitive natural habitats on public or private property if the Department of Natural Resources determines that disclosure will create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located; provided, however, that the owner or owners of private property upon

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which rare species of plants or animals occur or upon which sensitive natural habitats are located shall be entitled to such information pursuant to this article. 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, 1995. CONSERVATION ADMINISTRATIVE LAW JUDGES; SURFACE-WATER AND GROUND-WATER PERMITS; DURATION; DEVELOPMENT AND CONSERVATION PLANS. Code Section 12-1-2 Enacted. Code Sections 12-5-31, 12-5-96, and 12-5-97 Amended. No. 348 (Senate Bill No. 202). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to clarify certain references to administrative law judges in such title; to make certain provisions relating to final orders and judicial review; to change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide for the development of certain water development and conservation plans; to provide factors to be considered in granting such permits; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Code Section 12-1-1 a new Code section to read as follows: 12-1-2. (a) Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and

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any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50. (b) Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge. (c) Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed. SECTION 2 . Said title is further amended by striking subsection (h) of Code Section 12-5-31, relating to regulation of use of surface waters and the management of certain irrigation systems, and inserting in lieu thereof a new subsection (h) to read as follows: (h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or for the region. Such water development and conservation plan for the applicant or for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Such regional plan shall include water development, conservation, and sustainable use and

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shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource. SECTION 3 . Said title is further amended by striking in its entirety paragraph (9) of subsection (d) of Code Section 12-5-96, relating to permits for certain water use, and inserting in its place two new paragraphs to read as follows: (9) A regional water development conservation and sustainable use plan, where applicable; and (10) Any other relevant factors. SECTION 4 . Said title is further amended by redesignating subsections (e), (f), and (g) of Code Section 12-5-96, relating to permits for certain water use, as subsections (f), (g), and (h), respectively, and by inserting immediately following subsection (d) of such Code section the following: (e) The division or a party designated by the division may develop a regional water development and conservation plan for the state's major aquifers or any portion thereof. Such plan shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer. Such plan shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division and the division may issue such permits as appropriate pending completion of a regional plan. SECTION 5 . Said title is further amended by striking subsection (a) of Code Section 12-5-97, relating to regulation of the issuance of permits to use ground waters, which reads as follows: (a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, no permit under Code Section 12-5-96 shall be issued for a longer period than the longer of the following:

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(1) Ten years; or (2) The period found by the division to be necessary for reasonable amortization of the applicant's water withdrawal and water-using facilities., and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, permits under Code Section 12-5-96 may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or for the region. Such regional plan shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division shall develop a plan as provided in subsection (e) of Code Section 12-5-96. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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AGRICULTURE VIDALIA ONION ACT OF 1986 AMENDED; CERTAIN TERMS DEFINED; RULES AND REGULATIONS BY COMMISSIONER OF AGRICULTURE; PACKING OF ONIONS; SEASON DATES; ONION GRADES. Code Sections 2-14-131 and 2-14-133 Amended. Code Sections 2-14-136 and 2-14-137 Enacted. No. 349 (House Bill No. 208). AN ACT To amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the Vidalia Onion Act of 1986, so as to change the definition of a term and provide additional definitions; to change the provisions relating to the powers and duties of the Commissioner of Agriculture to prescribe rules and regulations; to provide for the contents of rules and regulations; to provide for requirements relating to packing of Vidalia onions; to provide for marketing season opening dates and the procedures related to the determination thereof; to provide for standards for grades of Vidalia onions and the establishment of tolerances and percentages; to provide for other matters relating to Vidalia onions; 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 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the Vidalia Onion Act of 1986, is amended by striking Code Section 2-14-131, relating to definitions, and inserting in lieu thereof a new Code Section 2-14-131 to read as follows: 2-14-131. As used in this article, the term: (1) `Person' means an individual, partnership, corporation, association, or any other legal entity. (1.1) `Vidalia onion' means all onions of the Vidalia onion variety grown in the Vidalia onion production area. (1.2) `Vidalia Onion Committee' means the committee established pursuant to 7 CFR part 955.20 (revised as of January 1, 1994). (2) `Vidalia onion production area' means a production area which encompasses only the State of Georgia or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133.

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(3) `Vidalia onion variety' means varieties of Allium Cepa of the hybrid yellow granex, granex parentage or other similar varieties. The Commissioner may limit the usage of certain varieties or authorize the inclusion of new varieties based upon recommendations of the director of the Experiment Stations of the College of Agricultural and Environmental Sciences of the University of Georgia. SECTION 2 . Said article is further amended by striking subsection (a) of Code Section 2-14-133, relating to rules and regulations and the enforcement of the article, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Commissioner of Agriculture is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state, including the requirements that all Vidalia onions be initially packed only in the Vidalia onion production area and that no Vidalia onion may be shipped from the Vidalia onion production area in bulk except as may be authorized by rule, and such other regulations as are necessary to administer properly this article. The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (2) of Code Section 2-14-131. Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to January 31, 1986. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (3) of Code Section 2-14-131 other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly. SECTION 3 . Said article is further amended by adding, following Code Section 2-14-135, a new Code Section 2-14-136 to read as follows: 2-14-136. The Commissioner may determine and announce the opening date each year for the Vidalia onion marketing season in this state upon the recommendation of the Vidalia Onion Committee. The committee shall survey the conditions of the Vidalia onion crop and recommend an opening date of the marketing season to the Commissioner.

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SECTION 4 . Said article is further amended by adding at the end thereof a new Code Section 2-14-137 to read as follows: 2-14-137. The standards for grades adopted by the U.S. Department of Agriculture, U.S. Standards for Grades of Bermuda-Granex-Grano Type Onions, effective January 1, 1960, as amended March 18, 1962, and February 20, 1985, (7 CFR 51.3195-51.3209), December 31, 1981, and U.S. Standards for Grades of Common Green Onions (7 CFR 51.1055-51.1071) December 31, 1981, are adopted and shall be the standards for grades in this state, except that the Commissioner may establish tolerances or allowable percentages of U.S. Standards each season upon the recommendation of the Vidalia Onion Committee. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. LOCAL GOVERNMENT MUNICIPAL COURT JUDGES; RESIDENCY REQUIREMENT ELIMINATED; APPLICABILITY PROVISION ELIMINATED. Code Section 36-32-2 Amended. No. 350 (House Bill No. 301). AN ACT To amend Code Section 36-32-2 of the Official Code of Georgia Annotated, relating to the appointment of municipal court judges, so as to eliminate the requirement that a municipal court judge reside in the same judicial circuit as that in which the court is located; to eliminate a provision relating to applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-32-2 of the Official Code of Georgia Annotated, relating to the appointment of municipal court judges, is amended by striking said

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Code section in its entirety and inserting in lieu thereof a new Code Section 36-32-2 to read as follows: 36-32-2. (a) 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 person appointed as a judge under this Code section shall possess such qualifications and shall receive such compensation as shall be fixed by the governing authority of the municipal corporation and shall serve at the pleasure of the governing authority. (b) This Code section shall not be construed to require the governing authority of any municipal corporation to appoint a judge; but such governing authority may appoint a judge if, acting in its sole discretion, the governing authority determines that such appointment would be in the best interest of the municipal corporation. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. MOTOR VEHICLES SPEED DETECTION DEVICES; APPROVAL OF SPEED LIMITS BY OFFICE OF TRAFFIC OPERATIONS. Code Section 40-14-3 Amended. No. 352 (Senate Bill No. 320). AN ACT To amend Code Section 40-14-3 of the Official Code of Georgia Annotated, relating to applications for permits for speed detection devices, so as to provide for approval of speed limits by the Office of Traffic Operations of the Department of Transportation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-14-3 of the Official Code of Georgia Annotated, relating to applications for permits for speed detection devices, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) The governing authority of any county or municipality and the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation. 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, 1995. REVENUE AND TAXATION INCOME TAXES; ALLOCATION AND APPORTIONMENT OF CORPORATE NET INCOME; COMPUTATION OF INCOME. Code Sections 48-7-31 and 48-7-141 Amended. No. 353 (House Bill No. 50). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes; to change the method of income apportionment and allocation for certain other corporations; to provide for the use of other allocation and apportionment methods by the state revenue commissioner under certain conditions; to provide for a method of income apportionment for certain corporations which transport passengers or cargo in revenue flight; to provide for definitions; to provide for computation of income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking paragraph (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of

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corporate net income for state income tax purposes, and inserting in its place a new paragraph (2) to read as follows: (2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term `compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state

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in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and an apportionment fraction shall be calculated using the following formula: (i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and (iii) The gross receipts factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; SECTION 2 . Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of corporate net income for state income tax purposes, and inserting in its place new paragraphs (3) and (3.1) to read as follows: (3) Except as otherwise provided in paragraph (3.1) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be arrived at by application of the following three factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all

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the taxpayer's real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term `compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace; (D) The property factor, payroll factor, and the gross receipts factor shall be separately determined and an apportionment fraction shall be calculated using the following formula:

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(i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and (iii) The gross receipts factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. The denial of a petition under this paragraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12; (3.1)(A) Except as otherwise provided in this paragraph, all terms used in this paragraph shall have the same meaning as such terms are defined in 49 U.S.C. Section 1301 and the United States Department of Transportation's Uniform System of Accounts and Reports for Large Certificated Air Carriers, 14 C.F.R. Part 241, as now or hereafter amended. (B) Where the net business income of the corporation is derived principally from transporting passengers or cargo in revenue flight, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor formula: (i) Revenue air miles factor. The revenue air miles factor is a fraction, the numerator of which shall be equal to the total, for each flight stage which originates or terminates in this state, of revenue passenger miles by aircraft type flown in this state and revenue cargo ton miles by aircraft type flown in this state and the denominator of which shall be equal to the total, for all flight stages flown everywhere, of total revenue passenger miles by aircraft type and total revenue cargo ton miles by aircraft type;

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(ii) Tons handled factor. The tons handled factor is a fraction, the numerator of which shall be equal to the total of revenue passenger tons by aircraft type handled in this state and revenue cargo tons by aircraft type handled in this state and the denominator of which shall be equal to the total of revenue passenger tons by aircraft type flown everywhere and revenue cargo tons by aircraft type flown everywhere. For purposes of this division, the term `handled' means the product of 60 percent multiplied by the revenue passenger tons flown on each flight stage which originates in this state or 60 percent multiplied by the revenue cargo tons flown on each flight stage which originates in this state; (iii) Originating revenue factor. The originating revenue factor is a fraction, the numerator of which shall be equal to the total of passenger and cargo revenue by aircraft type which is attributable to this state and the denominator of which shall be the total of passenger and cargo revenue by aircraft type everywhere. For purposes of this division, passenger or cargo revenue which is attributable to this state shall be equal to the product of passenger or cargo revenue everywhere by aircraft type multiplied by the ratio of revenue passenger miles or revenue cargo ton miles in this state to total revenue passenger miles everywhere or total revenue cargo ton miles everywhere for each aircraft type as separately determined in division (i) of this subparagraph. If records of total passenger revenue everywhere by aircraft type or total cargo revenue everywhere by aircraft type are not maintained, then for purposes of this division, total passenger revenue everywhere for all aircraft types or total cargo revenue everywhere for all aircraft types shall be allocated to each aircraft type based on the ratio of total revenue passenger miles everywhere for that aircraft type to all aircraft types or total revenue cargo ton miles everywhere for that aircraft type to all aircraft types; (iv) The revenue air miles factor, the tons handled factor, and the originating revenue factor shall be separately determined and an apportionment fraction shall be calculated using the following formula: (I) The revenue air miles factor shall represent 25 percent of the fraction; (II) The tons handled factor shall represent 25 percent of the fraction; and (III) The originating revenue factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such average fraction;.

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SECTION 3 . Said chapter is further amended by striking subsection (a) of Code Section 48-7-141, relating to the imposition of local income taxes, and inserting in its place a new subsection (a) to read as follows: (a) Subject to the requirement of a referendum election as provided in this article, the governing authority of each county or municipality of this state, by ordinance or resolution enacted pursuant to the procedure set forth in this article, may adopt a local income tax at the rate of 1 percent upon the entire Georgia taxable net income as defined in Code Section 48-7-27 of every resident individual of the county or municipality and of every corporation and fiduciary with respect to that portion of its Georgia taxable net income which is reasonably attributable to property owned and business done by it within the county or municipality, to be determined in the same manner as otherwise provided in Code Section 48-7-31 for state income tax purposes. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. GENERAL ASSEMBLY SECRETARY OF THE SENATE AND CLERK OF THE HOUSE OF REPRESENTATIVES; PUBLIC DISTRIBUTION OF LEGISLATIVE INFORMATION IN ELECTRONIC FORMAT; PROVISION OF DATA TO GEORGIANET AUTHORITY; DISTRIBUTION TO PUBLIC SCHOOLS AND LIBRARIES. Code Sections 28-3-24.1 and 50-25-14 Enacted. No. 354 (House Bill No. 53). AN ACT To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide for public distribution of legislative information in electronic format; to provide for provision of data by the Secretary of the Senate and the Clerk of the House to the GeorgiaNet Authority; to provide for distribution by the authority and through the PeachNet to public schools

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and to public libraries and their patrons; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by adding after Code Section 28-3-24 a new Code Section 28-3-24.1 to read as follows: 28-3-24.1. (a) It is the policy of the General Assembly that legislative information concerning the activities of the General Assembly may be made readily and widely available in electronic format on a timely basis. (b) The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Authority for purposes of public distribution as provided in Code Section 50-25-14. The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section. SECTION 2 . Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by adding at its end a new Code Section 50-25-14 to read as follows: 50-25-14. (a) The authority shall provide for the distribution in electronic format of the legislative information provided to the authority pursuant to Code Section 28-3-24.1. Such information may be made available in a dial-up bulletin board format or in such other formats as may be determined to be appropriate by the authority. (b) Such legislative information shall be provided free of charge to public schools, their students and faculty, and to public libraries and their patrons. However, the GeorgiaNet Authority is authorized to provide for and collect a charge of $250.00 per year per computer station to cover its communication costs. When PeachNet becomes available to an individual school or library, such school or library may have the option of connection to PeachNet and may then receive such legislative

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information from GeorgiaNet through PeachNet free of charge. For this purpose, `free of charge' may include the provision of legislative information without charge. For this purpose, `public schools' may include all schools operated by this state's local public school systems, all units of the University System of Georgia, and all units of the Department of Technical and Adult Education. For this purpose, `public libraries' may include all city, county, and regional public libraries. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. HEALTH ORDERS NOT TO RESUSCITATE; VARIOUS RELATED PROVISIONS. Code Title 31, Chapter 39 Amended. Code Section 31-39-6.1 Enacted. No. 355 (Senate Bill No. 55). AN ACT To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to change the provisions regarding definitions; to provide what constitutes such orders; to change the conditions under which such orders may be issued; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel under certain conditions; to provide for identifying bracelets and necklaces and their status as such orders; to change the provisions relating to cancellation and revocation of such orders; to limit the duties and liability of certain health care providers and other health care facilities; 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 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by adding after paragraph (6) of Code Section 31-39-2, relating to definitions, the following paragraph: (6.1) `Emergency medical technician' means a person certified as an emergency medical technician, paramedic, or cardiac technician under Chapter 11 of this title.

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SECTION 1.1 . Said chapter is further amended by striking paragraph (7) of said Code Section 31-39-2, relating to definitions, and inserting in its place the following: (7) `Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title, or a home health agency licensed pursuant to Article 7 of Chapter 7 of this title. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, and inserting in its place the following: (a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term `do not resuscitate,' `DNR,' `order not to resuscitate,' `no code,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. SECTION 2.1 . Said chapter is further amended by striking paragraph (3) of subsection (e) of said Code Section 31-39-4 and inserting in its place the following: (3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice or a home health agency. SECTION 2.2 . Said chapter is further amended by striking subsection (b) and (c) of Code Section 31-39-5, relating to cancellation of orders, and inserting in their place the following: (b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who

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issued the order or, if that attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician's designee shall immediately include such determination in the patient's chart, cancel the order, and notify the patient, the person who consented to the order, and all health care facility staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all health care facility staff responsible for the patient's care of the cancellation. SECTION 3 . Said chapter is further amended by adding after Code Section 31-39-6 a new Code section to read as follows: 31-39-6.1. (a) In addition to those orders not to resuscitate authorized elsewhere in this chapter, any physician, health care professional, or emergency medical technician shall be authorized to effectuate an order not to resuscitate for a person who is not a patient in a hospital, nursing home, or licensed hospice and the order is evidenced in writing containing the patient's name, date of the form, printed name of the attending physician, and signed by the attending physician on a form substantially similar to the following: `DO NOT RESUSCITATE ORDER NAME OF PATIENT:..... THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED ON THE ABOVE-NAMED PATIENT. SIGNED:..... ATTENDING PHYSICIAN PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN: ..... ATTENDING PHYSICIAN'S TELEPHONE NUMBER:..... DATE:..... (b) A person who is not a patient in a hospital, nursing home, or licensed hospice and who has an order not to resuscitate pursuant to this

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Code section shall wear an identifying bracelet on either the wrist or the ankle or an identifying necklace. The bracelet shall be substantially similar to identification bracelets worn in hospitals. The bracelet or necklace shall be on an orange background and shall provide the following information in boldface type: `DO NOT RESUSCITATE ORDER Patient's name:..... Authorized person's name and telephone number, if applicable: ..... Patient's physician's printed name and telephone number:..... ..... Date of order not to resuscitate:..... Any physician, health care professional, or emergency medical technician shall be authorized to regard such a bracelet or necklace as a legally sufficient order not to resuscitate in the same manner as an order issued pursuant to this chapter unless such person has actual knowledge that such order has been canceled or consent thereto revoked as provided in this chapter. (c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) or this Code section may be revoked as provided in Code Section 31-39-6 and may be canceled as provided in Code Section 31-39-5. SECTION 4 . Said chapter is further amended by striking Code Section 31-39-6, relating to revocation of consent to order not to resuscitate, and inserting in its place the following: 31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility, a health care professional, or an emergency medical technician. (b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility, a health care professional, or an emergency medical technician.

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(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff, a health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation. SECTION 5 . Said chapter is further amended by striking Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, and inserting in its place the following: 31-39-7. (a) No physician, health care professional, health care facility, emergency medical technician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter. (b) No physician, health care professional, health care facility, emergency medical technician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person: (1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient that such physician is unwilling to effectuate the

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order. The attending physician shall thereafter at the election of the next of kin or authorized person: (1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or (2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. (e) Any emergency medical technician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient, if reasonably available, that such emergency medical technician is unwilling to effectuate the order. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. CIVIL PRACTICE ACTIONS FOR BREACHES OF RESTRICTIVE COVENANTS; LIMITATION PERIODS. Code Section 9-3-29 Amended. No. 356 (House Bill No. 299). AN ACT To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, so as to change the statute of limitations applicable to actions for breach for failure to pay assessments or fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows: 9-3-29. (a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues,

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excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. (b) In actions for breach of covenant which accrue as a result of the failure to pay assessments or fees, the action shall be brought within four years after the right of action accrues. (c) For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. EDUCATION NONPUBLIC POSTSECONDARY EDUCATION COMMISSION; EXECUTIVE DIRECTOR OF COMMISSION. Code Sections 20-3-250.2, 20-3-250.5, and 20-3-250.10 Amended. No. 357 (Senate Bill No. 305). AN ACT To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Nonpublic Postsecondary Educational Institutions Act of 1990, so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; 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, the Nonpublic Postsecondary Educational Institutions Act of 1990, is amended by striking paragraph (11) of Code Section 20-3-250.2, relating to definitions, and inserting in its place the following: (11) `Executive director' means the executive director of the Nonpublic Postsecondary Education Commission. SECTION 2 . Said part is further amended by striking subsection (a) of Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Education Commission, and inserting in its place the following:

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(a) The commission shall be assigned to the Georgia Student Finance Commission for administrative purposes only. The commission shall be a budget unit of the executive branch of the state government. SECTION 3 . Said part is further amended by striking the introductory language of subsection (c) of Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Education Commission, which reads as follows: (c) The executive director of the Georgia Student Finance Commission shall be the executive director of the commission. 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:, and inserting in its place the following: (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:. SECTION 4 . Said part is further amended by striking subsection (f) of Code Section 20-3-250.10, relating to surety bonds, and inserting in its place the following: (f) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the executive director to accept a property bond when a principal of the Nonpublic Postsecondary Educational Institutions owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. UNFAIR OR DECEPTIVE TRADE PRACTICES CONSUMER TRANSACTIONS; ODOMETERS; FEDERAL LAW. Code Section 10-1-393 Amended. No. 358 (Senate Bill No. 284). AN ACT To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so

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as to provide references to current codifications of certain federal law regarding odometers and odometer tampering; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking in its entirety paragraph (15) of subsection (b) and inserting in its place a new paragraph (15) to read as follows: (15) Any violation of 49 U.S.C. Sections 32702 through 32704 and any violation of regulations prescribed under 49 U.S.C. Section 32705. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or regulations shall be consumer transactions and consumer acts or practices in trade or commerce; SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. MILITARY, EMERGENCY MANAGEMENT AND VETERANS' AFFAIRS RIGHTS, PRIVILEGES, AND PROHIBITIONS APPLICABLE TO STATE MILITIA; APPLICABILITY TO CERTAIN MEMBERS OF GEORGIA NATIONAL GUARD. Code Section 38-2-280 Amended. No. 359 (Senate Bill No. 354). AN ACT To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service; to provide procedures for application for reemployment or termination of the period of suspension; to provide for effect of being restored to a position; to provide for civil remedies to compel compliance with this Act; to provide that no fees or court costs shall be assessed against a person applying for reemployment rights or benefits; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, is amended by striking in its entirety Code Section 38-2-280, relating to the right of persons who perform military service to reemployment in private industry, and inserting in lieu thereof a new Code Section 38-2-280 to read as follows: 38-2-280. (a) In the case of any person who has left or leaves a position, other than a temporary position, in the employ of any employer in order to perform military service and who: (1) Received a certificate of completion of military service duly executed by an officer of the applicable force of the armed forces of the United States or by an officer of the applicable force of the organized militia; (2) Is still qualified to perform the duties of the position; and (3) Makes application for reemployment within 90 days after he or she is relieved from such service, if the position was in the employ of a private employer, the employer shall restore the person to the position or to a position of like seniority, status, and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. (b) The benefits, rights, and privileges granted to persons in the military service by this Code section shall be extended to and be applicable to any person who, in order to participate in assemblies or annual training pursuant to Code Section 38-2-25 or in order to attend service schools conducted by the armed forces of the United States for a period or periods up to and including six months, temporarily leaves or has left his or her position, other than a temporary position, in the employ of any employer and who, being qualified to perform the duties of the position, makes application for reemployment within ten days after completion of the temporary period of service; provided, however, that no such person shall be entitled to the benefits, rights, and privileges for the attendance at any service school or schools exceeding a total of six months during any four-year period. (c) The benefits, rights, and privileges granted to persons in the military service by this Code section shall be extended to and be applicable to any person who is or becomes a member of the organized militia or of a reserve component of the armed forces of the United States and who because of such membership is discharged by his or her employer or

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whose employment is suspended by his or her employer because of such membership and who, being qualified to perform the duties of the position, makes application for reemployment or termination of the period of his or her suspension within ten days after such discharge or suspension. In the event that the member of the organized militia or reserve component is serving on military duty at the time of receipt of notice of the discharge or suspension the aforesaid ten-day period within which application must be made shall not commence to run until the day next following the date of termination of such military duty. (d) The benefits, rights, and privileges granted to persons in the military service by this Code section shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service pursuant to Code Section 38-2-6 or 38-2-6.1 and who because of such active state service is discharged by his or her employer or whose employment is suspended by his or her employer because of such active state service and who, being qualified to perform the duties of the position, makes application for reemployment or termination of the period of his or her suspension within ten days after such discharge or suspension. In the event that the member of the Georgia National Guard is serving in active state service at the time of receipt of notice of the discharge or suspension the aforesaid ten-day period within which application must be made shall not commence to run until the day next following the date of termination of such active state service. (e) Any person who is restored to a position in accordance with this Code section shall be considered as having been on furlough, on leave of absence during his or her period of military service, performing temporary service under subsection (b), or discharged or suspended under subsection (c) or (d) of this Code section, shall be restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person entered the military service or commenced the temporary service or was so discharged or suspended, and shall not be discharged from the position without cause within one year after the restoration. (f) If any private employer fails or refuses to comply with this Code section, the superior court of the county in which the private employer resides shall have the power, upon petition by the person entitled to the benefits of this Code section, to require specifically the employer, by injunction, mandatory or otherwise, to comply with this Code section, and may, as an incident thereto, compensate the person for any loss of wages or benefits suffered by reason of the employer's unlawful action. The court shall order a speedy hearing in any such case and may specially set it on the calendar. Any person claiming to be entitled to the

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benefits of this Code section may appear by his or her own counsel or, upon application to the Attorney General of the state, may request that the Attorney General appear and act on his or her behalf. If the Attorney General is reasonably satisfied that the person so applying is entitled to such benefits, he or she shall appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any petition and the prosecution thereof. In the hearing and determination of petitions under this Code section no fees or court costs shall be assessed against a person so applying for such benefits. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. UNFAIR OR DECEPTIVE TRADE PRACTICES SOLICITATION FOR INCLUSION IN TELEPHONE CLASSIFIED ADVERTISING DIRECTORY; NOTICE REQUIRED. Code Section 10-1-393.1 Amended. No. 360 (Senate Bill No. 361). AN ACT To amend Code Section 10-1-393.1 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in office supply transactions which are unlawful, so as to provide that the written solicitation for inclusion in the listing of a telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form; to define a certain term; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 10-1-393.1 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in office supply transactions which are unlawful, is amended by striking the word or at the end of paragraph (8) of subsection (b), by striking the period at the end of paragraph (9) of subsection (b) and inserting ; or, and by adding following paragraph (9) a new paragraph (10) to read as follows: (10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other

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text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words: `THIS IS NOT A BILL. THIS IS A SOLICITATION.' (B) For the purposes of this paragraph, the term `telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. ALCOHOLIC BEVERAGES BREWPUBS; TERMS DEFINED; OCCUPATIONAL LICENSE TAXES; LICENSE REQUIREMENTS AND REGULATIONS RELATED TO MALT BEVERAGES; EXCEPTION FOR BREWPUBS; RULES AND REGULATIONS. Code Sections 3-1-2 and 3-5-20 Amended. Code Sections 3-5-35, 3-5-36, and 3-5-37 Enacted. No. 361 (House Bill No. 374). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to definitions, so as to add the definition of the term brewpub; to amend Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub owners; to amend Article 2 of Chapter 5 of said title, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for declaration of purpose; to provide a limited exception to the prohibition against ownership and employment interests between the manufacture, distribution, and sale of beer and malt beverages for owners and operators of brewpubs; to provide for activities authorized by a brewpub license; to provide for duties of a brewpub licensee; to provide for promulgation of rules and regulations by the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions, and inserting in lieu thereof a new Code Section 3-1-2 to read as follows: 3-1-2. As used in this title, the term: (1) `Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) `Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (3) `Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (4) `Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. (5) `Commissioner' means the state revenue commissioner. (6) `County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (7) `Department' means the Department of Revenue. (8) `Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. (9) `Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (10) `Gallon' or `wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement.

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(11) `Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage. (12) `Individual' means a natural person. (13) `Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 6 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (14) `Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means: (A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15) `Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (16) `Package' means a bottle, can, keg, barrel, or other original consumer container. (17) `Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (18) `Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. (19) `Retailer' or `retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (20) `Shipper' means any person who ships an alcoholic beverage from outside this state.

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(21) `Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. (22) `Taxpayer' means any person made liable by law to file a return or to pay tax. (23) `Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes imposed by this title. (24) `Wholesaler' or `wholesale dealer' means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (25) `Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section. SECTION 2 . Said title is further amended by striking subsection (a) of Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, and inserting in lieu thereof a new subsection (a) to read as follows: (a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows: (1) Upon each brewer $ 1,000.00 (2) Upon each wholesale dealer 500.00 (3) Upon each importer 500.00 (4) Upon each broker 50.00 (5) Upon each retail dealer 50.00 (6) Upon each brewpub operator 1,000.00 SECTION 3 . Said title is further amended by adding at the end of Article 2 of Chapter 5, relating to state license requirements and regulations for the manufacture,

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distribution, and sale of malt beverages, new Code Sections 3-5-35, 3-5-36, and 3-5-37 to read as follows: 3-5-35. The General Assembly reaffirms the policy of this state of strict enforcement of laws and regulations applicable to the manufacture or sale of beer, including without limitation those establishing the three-tier distribution system with prohibitions against ownership and employment interests between the three tiers but creates a limited exception for the operation of `brewpubs' as such term is defined in Code Section 3-1-2. 3-5-36. A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (1) No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder shall comply with all other applicable state and local license requirements; (2) A brewpub license authorizes the holder of such license to: (A) Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form; and (B) Operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (3) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises. (4) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises. (5) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub.

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(6) The commissioner shall not issue a brewpub license if the brewpub premises are located in a county or municipality in which the sale of alcoholic beverages is prohibited. (7) A brewpub licensee shall: (A) Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by this title. 3-5-37. The Department of Revenue shall be authorized to promulgate and enforce such rules and regulations as it may deem necessary to carry out or make effective the provisions of Code Sections 3-5-35 and 3-5-36. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. MOTOR VEHICLES AND TRAFFIC SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES; RENTAL PRICE ADJUSTMENT NOT CREATING SALES OR SECURITY INTEREST. Code Section 40-3-60 Enacted. No. 362 (House Bill No. 466). AN ACT To amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, is amended by adding a new Code section to read as follows: 40-3-60. Notwithstanding any other provision of law, in the case of a motor vehicle or trailer, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. ALCOHOLIC BEVERAGES ISSUANCE OF LICENSES FOR SALE OF DISTILLED SPIRITS BY THE DRINK; PROVISIONS APPLICABLE TO CERTAIN GOVERNING AUTHORITIES REPEALED. Code Section 3-4-90 Amended. No. 363 (House Bill No. 517). AN ACT To amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization by counties or municipalities of issuance of licenses for sale

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of distilled spirits by the drink, is amended by striking in their entirety paragraphs (3) and (4) of subsection (b), which read as follows: (3)(A) The governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality in each such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption only on the premises where sold; provided, however, that the premises are operated, among other things, as a restaurant serving food to the general public and having food sales in excess of $100,000.00 per year or are premises of a private, nonprofit club which has been in existence at least 12 months. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license, provided such qualifications and criteria meet the criteria stated in this subparagraph, and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subparagraph, including, but not limited to, the regulation of hours of business, number and types of employees, and other matters which may fall within the police powers of such counties and municipalities. (B) No county or municipality may issue a license pursuant to subparagraph (A) of this paragraph unless the issuance of the licenses is approved by the voters of the county at a referendum election held for such purpose. The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality. The ballot shall have written or printed thereon the following: `() YES () NO Shall the issuance to certain restaurants and organizations of licenses to sell distilled spirits by the drink be approved?' (C) Those persons desiring to vote in favor of issuance of the licenses shall vote `Yes' and those persons opposed to issuance of the licenses shall vote `No.' If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the

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licenses may be issued in accordance with subparagraph (A) of this paragraph; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the county within 24 months immediately following the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections, except as otherwise provided in subparagraph (B) of this paragraph. He shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held. (D) Those persons who are duly licensed as wholesalers under this title shall be authorized to sell distilled spirits at wholesale prices to any person or persons licensed as provided in subparagraph (A) of this paragraph; and the person or persons licensed under subparagraph (A) of this paragraph shall be authorized to purchase distilled spirits from a licensed wholesaler at wholesale prices. (4) Reserved. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSING OF MOTOR VEHICLES; REPLACEMENT LICENSE PLATES OR REVALIDATION DECALS; OPTIONAL PERMANENT LICENSE PLATES FOR CERTAIN TRAILERS; FEES. Code Sections 40-2-44, 40-2-47, and 48-10-2 Amended. No. 364 (House Bill No. 571). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide that a sworn affidavit may be submitted to appropriate law enforcement officials and to the revenue commissioner or the local tag agent for obtaining a replacement license plate or revalidation decal if the vehicle owner is unable to obtain a police report; to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle

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license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsection (a) of Code Section 40-2-44 of the Official Code of Georgia Annotated, relating to reporting of theft, loss, or mutilation of license plates or revalidation decals and issuance of replacements, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appropriate law enforcement agency or official and to either the Motor Vehicle Division of the Department of Revenue or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33. SECTION 2 . Said article is further amended by striking Code Section 40-2-47, relating to permanent registration and license plates for trailers used as or in connection with motor vehicles, trucks, or tractors used as common or contract carriers for hire, and inserting in lieu thereof a new Code Section 40-2-47 to read as follows:

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40-2-47. Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer including any single pole and twin-beam trailers and other trailers used in commercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one-time fee specified in Code Section 48-10-2 and compliance with the provisions of this Code section; provided, however, that boat trailers, utility trailers, and noncommercial cattle and livestock trailers shall not qualify for such permanent registration and license plate. The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer. SECTION 3 . Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking subsection (b) of Code Section 48-10-2, relating to annual license fees for operation of vehicles, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In lieu of the annual fee provided in paragraph (8) of subsection (a) of this Code section, the optional one-time fee for a permanent registration and license plate for any trailer used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property and authorized to obtain a permanent registration and license plate under the provisions of Code Section 40-2-47 shall be $48.00. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 2 and 3 of this Act shall apply to registration and licensing of trailers on and after such date. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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INSURANCE HEALTH CARE PLANS; HEALTH CARE CORPORATIONS; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 33 Amended. Code Section 31-7-280 Amended. No. 365 (House Bill No. 669). AN ACT To amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to revise extensively provisions relative to health care corporations; to permit health care plans to be operated by surviving corporations organized under Chapter 2 of Title 14, the Georgia Business Corporation Code; to revise and provide definitions; to revise provisions relative to the formation of health care corporations; to provide for the applicability of Chapter 3 of Title 14, the Georgia Nonprofit Corporation Code, or Chapter 2 of Title 14, the Georgia Business Corporation Code; to except surviving corporations from requirements relative to the approval by the Commissioner of contracts, plans of operation, and rates; to delete the tax exemption relative to health care corporations; to prohibit the payment or distribution of certain funds or fees as part of a plan of conversion of a nonprofit health care corporation to a for profit health care corporation; to provide requirements with respect to a health care corporation issuing shares in an initial public offeirng; to provide for the payment of fees, taxes, and assessments; to provide for the applicability of Title 33 to health care corporations; to provide requirements relative to the distribution of surplus funds of health care corporations; to provide for the conversion of a nonprofit health care corporation to a for profit health care corporation by merger or amendment of articles and procedures and requirements relative thereto; to provide for the authority of the Commissioner of Insurance and the Attorney General; to eliminate references to the nonprofit status of health care corporations; to provide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 SECTION 1.1 . Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, is amended by striking paragraph (2) of Code Section 33-20-3, relating to definitions used in said chapter, and inserting in its place a new paragraph (2) to read as follows: (2) `Health care corporation' means a corporation established in accordance with the provisions of this chapter to administer one or more health care plans.

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SECTION 1.2 . Said chapter is further amended by adding to said Code section a new paragraph to be designated paragraph (12) to read as follows: (12) `Surviving corporation' means a health care corporation which is: (A) The surviving corporation in a merger which includes one or more health care corporations; (B) A health care corporation which has amended its articles of incorporation to become a corporation governed by Chapter 2 of Title 14, the `Georgia Business Corporation Code'; or (C) The subsidiary of a corporation described in subparagraph (A) or (B) of this paragraph. SECTION 1.3 . Said chapter is further amended by striking in its entirety Code Section 33-20-4, relating to authorization of formation of health care corporations generally, and inserting in its place a new Code Section 33-20-4 to read as follows: 33-20-4. Health care corporations may be incorporated for the purpose of establishing, maintaining, and operating one or more health care plans, providing administrative or other services to employers or others that offer plans furnishing or reimbursing for health care services, including without limitation establishing, administrating, promoting, and developing programs requested, desired, or sponsored by employers or other groups, and for the other purposes authorized by this chapter. SECTION 1.4 . Said chapter is further amended by striking Code Section 33-20-5, relating to the procedure for formation of health care corporations and the regulation and supervision of corporations by the Commissioner generally, and inserting a new Code Section 33-20-5 to read as follows: 33-20-5. (a) Any five or more persons, all of whom shall be residents of this state, upon filing a petition with the Secretary of State for a corporate charter as provided in Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' or, if the resulting health care corporation is to be a surviving corporation, Chapter 2 of Title 14, the `Georgia Business Corporation Code.' Such petition shall also contain the information required by Chapter 14 of this title, may form a health care corporation under and in conformity with this chapter for the purpose of establishing, maintaining,

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and operating one or more health care plans, whereby health care services are or may be provided at the expense of the corporation. Other benefits including complete employee welfare and employee benefit programs may be added from time to time as the corporation may determine with the approval of the Commissioner. (b) A health care corporation shall be subject to regulation and supervision by the Commissioner in the same manner as life insurers are subject to such regulation and supervision and shall be governed by the corporation laws of this state. SECTION 1.5 . Said chapter is further amended by striking subsection (a) of Code Section 33-20-8, relating to certificates of authority and their requirements and applications therefor, and inserting in its place a new subsection (a) to read as follows: (a) Except for corporations subject to this chapter which are surviving corporations, a health care corporation may issue contracts only after the Commissioner has authorized it to do so. SECTION 1.6 . Said chapter is further amended by striking subsection (a) of Code Section 33-20-13, relating to management of corporations, their general powers, requirements as to reserves, minimum subscriber's surpluses, and charges, and inserting in its place a new subsection (a) to read as follows: (a) Health care corporations shall be governed and conducted as corporations and the necessary expenses of administering the affairs of the corporations may be paid from the payments collected from subscribers. SECTION 1.7 . Said chapter is further amended by striking in its entirety Code Section 33-20-20, relating to the submission to the Commissioner of operating plans, schedules or rates, and amounts of service and their approval by the Commissioner, and inserting in its place a new Code Section 33-20-20 to read as follows: 33-20-20. Except for corporations subject to this chapter which are surviving corporations, health care corporations shall before accepting applications from subscribers in a nonprofit health care plan submit to the Commissioner a plan of operating and overhead expenses, operation cost, and salaries paid or to be paid during any current year together with a schedule of its rates to be charged and the amount of health care service contracted to be rendered, which plan, rates, and amount of

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service shall be first approved by the Commissioner as fair and reasonable before the corporation shall engage in business. SECTION 1.8 . Said chapter is further amended by striking in its entirety Code Section 33-20-21, relating to the approval of the Commissioner of rates to be paid to providers of services, and inserting in its place a new Code Section 33-20-21 to read as follows: 33-20-21. Except for corporations subject to this chapter which are surviving corporations, the Commissioner shall first approve the rates of payment to be made by health care corporations to providers of health care services on behalf of said corporation, its subscribers, beneficiaries, and covered dependents as being fair and reasonable before said corporation shall engage in business. SECTION 1.9 . Said chapter is further amended by striking Code Section 33-20-25, relating to tax exempt status and payment of certain expenses, and inserting in its place a new Code Section 33-20-25 to read as follows: 33-20-25. Any and all supervision, conservation, rehabilitation, liquidation, or examination of the affairs of any corporation by the Commissioner shall be at the expense of the corporation. SECTION 1.10 . Said chapter is further amended by striking in its entirety Code Section 33-20-31, relating to the applicability and construction of said chapter, and inserting in its place a new Code Section 33-20-31 to read as follows: 33-20-31. Except for corporations subject to this chapter which are surviving corporations, this chapter shall not apply to nor govern any corporation which is organized for profit or which contemplates any pecuniary gain to its shareholders or members. A corporation subject to this chapter may organize subsidiary or affiliated corporations to engage in allied business ventures in accordance with Chapters 13 and 14 of this title. SECTION 1.11 . Said chapter is further amended by striking in its entirety Code Section 33-20-32, relating to the application of other provisions of the Code to health care corporations and other powers, and inserting in its place a new Code Section 33-20-32 to read as follows:

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33-20-32. Except where the context otherwise requires, the applicable provisions of Title 14 shall govern a health care corporation. A health care corporation shall not be considered to be a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302. All of the provisions of this title which are not in conflict with this chapter shall be applicable to any health care corporation subject to such modifications as the Commissioner may prescribe by order, directive, interpretation, guideline, or rule or regulation after any notice and hearing as may be required by this title. SECTION 1.12 . Said chapter is further amended by adding two new Code sections, to be designated Code Section 33-20-33 and 33-20-34, respectively, to read as follows: 33-20-33. (a) No reserved funds as defined in subsection (b) of this Code section or surplus of such nonprofit health care corporation as increased pursuant to the charge required in subsection (c) of Code Section 33-20-13 shall be distributed or paid to any person as a part of any plan of conversion of a nonprofit health care corporation to a for profit health care corporation. (b) For the purposes of this Code section, `reserved funds' means those funds as described and defined in subsection (c) of Code Section 33-20-13 and any unassigned funds. (c) A health care corporation which issues shares in connection with an initial public offering shall first offer such shares to its subscribers on similar terms as such shares are offered to the public consistent with applicable federal law and regulations. (d) No options, warrants, or fees shall be paid to any officer, director, or trustee of a nonprofit health care corporation in connection with a conversion from a nonprofit to a for profit health care corporation or in regard to the initial public offering of a health care corporation. (e) A health care corporation shall be required to pay any and all fees, taxes, including premium taxes, and assessments, specifically excluding assessments with respect to the Georgia Life and Health Insurance Guaranty Association, as are required of other companies which provide life and accident and sickness insurance under Georgia law. (f) A health care corporation, including a surviving corporation, subject to this chapter shall be subject to all the provisions of this title not otherwise provided for in this chapter which are applicable to other insurers which provide life or accident and sickness insurance.

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(g) Any distribution of surplus funds by a surviving corporation shall be subject to regulation by the Commissioner pursuant to the provisions of this title governing distributions by insurers which provide life or accident and sickness insurance and shall in no event cause the surplus funds of the surviving corporation to be less than that of the predecessor corporation as of the date of the conversion, unless the Commissioner finds that such distribution is in the public interest. 33-20-34. (a) (1) Any corporation which is governed by Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and authorized under this chapter may merge with, or amend its articles of incorporation to become, a corporation governed by Chapter 2 of Title 14, the `Georgia Business Corporation Code,' provided a detailed, written plan is submitted to the Commissioner for such conversion, written notice of such submission is given to the Attorney General, and, after a public hearing thereon, such plan is approved by the Commissioner after being found to be in the best interest of the company, its policyholders, and the general public. (2) In any such public hearing, the Attorney General may appear before the Commissioner and make such presentation as he or she shall deem to be in the public's interest. The Attorney General shall provide representation to the Commissioner in any other legal action relating thereto. Nothing in this Code section shall be construed as a limitation upon the Attorney General in providing legal representation to the Commissioner during the pendency of any decision concerning conversion. (b) The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this Code section. Part 2 SECTION 2.1 . Code Section 31-7-280 of the Official Code of Georgia Annotated, relating to health care provider annual reports and the form of such reports, is amended by striking paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, health care plans, or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer.

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SECTION 2.2 . Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and charges assessed by the Commissioner of Insurance, is amended by adding immediately following subparagraph (I) of paragraph (1) a new subparagraph, to be designated subparagraph (I.1), to read as follows: (I.1) Health care corporations: Original license or certificate 600.00 Renewal license or certificate 500.00 SECTION 2.3 . Said Code section is further amended by striking subparagraph (U) of paragraph (1) and inserting in lieu thereof a new subparagraph (U) to read as follows: (U) Nonprofit organizations (medical service or hospital service corporation): Original license or certificate 600.00 Renewal license or certificate 500.00 SECTION 2.4 . Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (7) of Code Section 33-21-1 and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Insurer' means every insurer authorized under this title to issue contracts of accident and sickness insurance. Hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, and health maintenance organizations are included within such term. SECTION 2.5 . Said chapter is further amended by striking Code Section 33-21-25, relating to the organization and operation of health maintenance organizations by insurers or corporations, and inserting in lieu thereof a new Code Section 33-21-25 to read as follows: 33-21-25. Notwithstanding any other law which may be inconsistent with this Code section, an insurer, a hospital service nonprofit corporation, a nonprofit medical service corporation, or a health care corporation licensed in this state may directly or through a subsidiary or affiliate organize and operate a health maintenance organization.

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SECTION 2.6 . Code Section 33-24-20 of the Official Code of Georgia Annotated, relating to provision in individual accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall also apply to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any other similar entity. SECTION 2.7 . Code Section 33-24-21 of the Official Code of Georgia Annotated, relating to provision in group accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any other similar entity. SECTION 2.8 . Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to required provisions in individual accident and sickness policies, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) The provisions of this Code section shall also apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any other similar entity. SECTION 2.9 . Code Section 33-30-6 of the Official Code of Georgia Annotated, relating to the authority to issue blanket accident and sickness policies, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any other similar entity.

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Part 3 SECTION 3.1 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. ALCOHOLIC BEVERAGES REFERENDA ON LICENSING FOR SALES OF DISTILLED SPIRITS BY THE DRINK; PROCEDURES FOR CALLING. Code Section 3-4-92 Amended. No. 366 (House Bill No. 680). AN ACT To amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to provide procedures in counties or municipalities in which the sale of distilled spirits are not lawful for the call of a referendum on the question of the issuance of licenses for the sale of distilled spirits for beverage purposes by the drink for consumption on the premises upon the resolution of the governing 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 . Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by striking in its entirety Code Section 3-4-92, relating to procedures for authorizing the sale of distilled spirits by the drink and for nullifying prior such authorization in counties and municipalities where package sales are not lawful, and inserting in lieu thereof a new Code section to read as follows: 3-4-92. (a) In every county and municipality in which package sales of distilled spirits are not lawful, sales of distilled spirits as provided in this article may be authorized after approval as provided in this Code section. (b) (1)(A) In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the governing authority through the appropriate election superintendent shall conduct a referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county or the municipality, as the case may be, of the referendum

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by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. It shall be the duty of such election superintendent to issue the call and set the date for an election in accordance with Code Section 21-2-540 for a county election or in accordance with Code Section 21-3-52 for a municipal election for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: `() YES () NO Shall the governing authority of..... be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than one-half of the votes cast are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sale to be for consumption only on the premises, then the governing authority shall in accordance with this Code section issue such licenses; otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the provisions of Chapter 2 of Title 21, the `Georgia Election Code,' for county elections or the provisions of Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. It shall be the superintendent's further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense of the election shall be borne by the county or the municipality conducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if the governing authority, as provided in subparagraph (A) of this paragraph, forwards a resolution to the election superintendent calling for such a referendum.

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(D) Nullification of a referendum approving such sales held pursuant to this paragraph shall be accomplished only as provided in subsection (c) of this Code section. (2)(A) In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1) of this subsection, then, upon a written petition containing the signatures of 35 percent of the registered and qualified voters of any municipality or county described in subsection (a) of this Code section being filed with the appropriate election superintendent, such election superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. A petition shall not be amended, supplemented, or returned after presentation to the appropriate authority. `Validation' shall, for the purposes of this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. For the purposes of this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures, the superintendent shall issue the call and set the date of the referendum election in accordance with Code Section 21-2-540 for a county election or in accordance with Code Section 21-3-52 for a municipal election. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following:

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`() YES () NO Shall the governing authority of..... be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than one-half of the votes cast on such a question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section issue such licenses; otherwise no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in Chapter 2 of Title 21, the `Georgia Election Code,' for county elections or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. It shall further be the superintendent's duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subparagraph (A) of paragraph (2) of this subsection, is filed with the appropriate election superintendent. (D) Nullification of a referendum approving such sales held pursuant to this paragraph shall be accomplished only as provided in subsection (c) of this Code section. (c) In any municipality or county which has at any time held an election in accordance with subsection (b) of this Code section resulting in a majority of the votes being cast in favor of sales of distilled spirits by the drink, the election superintendent of the municipality or county, upon a petition signed by at least 35 percent of the registered qualified voters of the municipality or county, shall proceed to call another election for the purpose of nullifying the previous election in the same manner as prescribed by paragraph (2) of subsection (b) of this Code section. No election shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for the purposes of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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COMMERCE AND TRADE MULTILEVEL DISTRIBUTION COMPANIES AND SALE OF BUSINESS OPPORTUNITIES; BUSINESS OPPORTUNITY DEFINED TO EXCLUDE CERTAIN PUSHCARTS OR KIOSKS. Code Section 10-1-410 Amended. No. 367 (House Bill No. 824). AN ACT To amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions applicable to multilevel distribution companies and the sale of business opportunities, so as to change the definition of the term business opportunity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions applicable to multilevel distribution companies and the sale of business opportunities, is amended by striking in its entirety subparagraph (B) of paragraph (2) and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The term `business opportunity' does not include: (i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity; (ii) Any relationship created solely by or involving: (I) The relationship between an employer and an employee or among general business partners; or (II) Membership in a bona fide cooperative association or transactions between bona fide cooperative associations and their members. As used in this subdivision, the term `cooperative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers; (iii) Any agribusiness corporation; (iv) Any insurance agency;

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(v) Any offer or sale of a business opportunity where the seller has a net worth on a consolidated basis of not less than $15 million as determined on the basis of the seller's most recent audited financial statement; and where the seller satisfies all of the following conditions or is a wholly owned subsidiary of a company that satisfies all of the following conditions: (I) Seller is a publicly traded company; (II) Seller has a class of securities registered pursuant to Section 12(b) or 12(g) of the Securities Exchange Act of 1934 and has timely filed all reports required under Sections 13 and 14 of the Securities Exchange Act of 1934 for a period of 36 months; (III) Seller has not failed to pay any dividend or defaulted on any loan payment in the last five fiscal years; (IV) Seller has an annual trading volume of stock of 3,000,000 shares or more; and (V) Seller has an aggregate market value of the voting stock held by nonaffiliates of $100 million or more; or (vi) A landlord, property manager, or owner who licenses or leases pushcarts or kiosks within or adjacent to a retail center containing divided retail floor space and common areas which will be used by any such licensee or lessee to sell goods or services not supplied by the landlord, property manager, or owner or any entity affiliated or associated with the landlord, property manager, or owner. For the purposes of this division, the term `pushcart' means a mobile retail unit from which goods or services are sold in the common area of a retail center, and the term `kiosk' means a temporary retail unit from which goods or services are sold in the common area of a retail center. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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MOTOR VEHICLES AND TRAFFIC UNIFORM RULES OF THE ROAD; WEARING OF HEADSETS; SPEED LIMITS; SPEED LIMITS ON INTERSTATE HIGHWAYS OUTSIDE URBANIZED AREAS OF 50,000 POPULATION OR MORE; SIGNAGE; PENALTIES. Code Sections 40-6-250 and 40-6-181 Amended. Code Section 40-6-188 Enacted. No. 368 (Senate Bill No. 48). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the provisions prohibiting wearing certain headsets or headphones; to provide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway; to provide for signage; to provide a minimum penalty for violation of such speed limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-250, prohibiting wearing certain headsets or headphones, and inserting in its place the following: 40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvements of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communications device necessary in the performance of such person's duties. SECTION 1.1 . Said chapter is further amended by striking in their entireties subsections (b) and (c) of Code Section 40-6-181, relating to maximum speed limits, and inserting in lieu thereof, respectively, the following: (b) No person shall drive a vehicle at a speed in excess of the following maximum limits:

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(1) Thirty miles per hour in any urban or residential district; (2) Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; and (3) Fifty-five miles per hour in other locations. (c) The maximum speed limits set forth in this Code section may be altered as authorized in Code Sections 40-6-182, 40-6-183, and 40-6-188. SECTION 2 . Said article is further amended by inserting at the end thereof the following: 40-6-188. (a) The Department of Transportation and the governing authority of any county or municipal corporation are authorized to establish a maximum speed limit through any construction site located on or adjacent to any street or highway. (b) Whenever speed zones are established pursuant to subsection (a) of this Code section, there shall be erected or posted a sign of adequate size at the beginning point of such speed zone designating the zone, the speed limit to be observed therein, and the minimum fine for exceeding such speed, and there shall be erected or posted at the end of such speed zone an adequate sign indicating the end of such speed zone, which sign shall also indicate such different speed limit as may then be observed. Where the speed limit established pursuant to subsection (a) of this Code section is at least ten miles per hours less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend `Reduce Speed Ahead.' (c) A person convicted of exceeding the speed limit in any speed zone established pursuant to subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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STATE GOVERNMENT INFORMATION TECHNOLOGY POLICY ACT OF 1995 ENACTED; GEORGIA INFORMATION TECHNOLOGY COUNCIL CREATED; STATE STRATEGIC PLAN FOR INFORMATION TECHNOLOGY DEPLOYMENT AND DEVELOPMENT; VARIOUS RELATED PROVISIONS. Code Title 50, Chapter 29 Enacted. No. 370 (Senate Bill No. 293). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the Information Technology Policy Act of 1995; to provide for legislative findings and intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its powers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement; to create the position of chief information officer; to provide for such officer's powers, duties, and authority; to provide for a state strategic plan for information technology deployment and development; to provide for information technology budget and continuation budget requests; to provide for reports and recommendations; to provide for powers, duties, and authority of the Attorney General with respect to the foregoing; to provide for duties and responsibilities of state agencies, officers, and other governmental entities with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 29, to read as follows: CHAPTER 29 50-29-1. This chapter shall be known and may be cited as the `Information Technology Policy Act of 1995.' 50-29-2. (a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service oriented government agencies in Georgia. (b) It is the intent of the General assembly that state government become more service oriented to the general public and to organizations

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within the private sector. It is the further intention of the General Assembly that state government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to: (1) The elimination of paper records, insofar as possible, in order to increase government efficiency; (2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens; (3) The ability for all citizens to have easy electronic access to public data, within necessary security restrictions; (4) The ability to submit payments and receive refunds electronically in order to facilitate such activities for citizens; (5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency; (6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and (7) Other improvements as appropriate. (c) It is the further intent of the General Assembly that: (1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians; (2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the development or installation, or both, of information technology based services. The coordination of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and (3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the approved plan shall be implemented by such council.

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50-29-3. As used in this chapter, the term: (1) `Agency' means state agencies, authorities, boards, and commissions. (2) `Chairperson' means the chairperson of the Georgia Information Technology Policy Council. (3) `Chief information officer' means the chief information officer of the Georgia Information Technology Policy Council. (4) `Council' means the Georgia Information Technology Policy Council. (5) `Local government' means any county, city, or consolidated government in this state. (6) `Private sector' means any nongovernment, privately owned entity in this state. 50-29-4. (a) (1) The Georgia Information Technology Policy Council is created. (2) The council shall be composed of 15 members. Six of the members shall represent state agencies, two shall represent local governments, and seven shall represent the private sector. (3) The six members representing state agencies shall be as follows: (A) The commissioner of administrative services, or such commissioner's designee; (B) The director of the Office of Planning and Budget, or such director's designee; (C) The chancellor of the University System of Georgia, or such chancellor's designee; (D) The State School Superintendent, or such superintendent's designee; (E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee; and (F) The state auditor, or such auditor's designee. (4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term

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of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified. (5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified. (b) Vacancies on the council shall be filled as follows: (1) For appointees representing state agencies, any vacancy shall be filled by the successor to the position which becomes vacant; (2) For appointees representing local governments, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term; (3) For appointees representing the private sector, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council. (d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate. 50-29-5. (a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council. (b) Nine members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council but shall not be less than a majority of those authorized to be appointed to the council. (c) Each member of the council who is not otherwise a state officer or employee is authorized to receive an expense allowance and reimbursement

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from funds of the council in the same manner as provided for in Code Section 45-7-21. Each member of the council who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services. 50-29-6. The council shall have the following powers and duties: (1) Provide strategic planning and direction for information technology deployment and development; (2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities; (3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards; (4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government; (5) Coordinate with the legislative and judicial branches of state government; (6) Coordinate with local and federal governments; (7) Identify alternative funding approaches; (8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue; (9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council;

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provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (11) Apply for and accept any gifts or grants or loan guarantee or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in the chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (13) Contract with state agencies or any local government for the use by the council of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services; and (15) Do all things necessary or convenient to carry out the powers conferred by this chapter. 50-29-7. (a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer. (b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties: (1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the council; (2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council. (c) All employees of the chief information officer shall be in the unclassified service of the state merit system.

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(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs. 50-29-8. The council shall be attached for administrative purposes only to the Office of Planning and Budget. 50-29-9. (a) By September 1, 1995, in cooperation and coordination with state agencies, authorities, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a description of the evaluation system to be used to determine if the needs are being attained; an estimated annual cost for each planned action; and any other item the council deems necessary. (b) By September 1, 1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology improvement component shall contain a detailed analysis of each improvement item, including information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan. (c) By November 1, 1995, and each November 1 thereafter, the council shall issue a report to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests.

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50-29-10. The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-29-11. All state agencies, authorities, commissions, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council. 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, 1995. COURTS TRAINING COURSES FOR PROBATE JUDGES; PROBATE JUDGES TRAINING COUNCIL; LIMITATION ON FEES RETAINED BY PROBATE JUDGE AS COMPENSATION FOR CERTAIN SERVICES. Code Section 15-9-1.1 Amended. Code Section 15-9-68 Enacted. Code Title 15, Chapter 9, Article 5 Amended. No. 371 (House Bill No. 248). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the name of the Executive Probate Judges Council of Georgia to the Probate Judges Training Council; to change certain other references; to provide that under certain circumstances a county governing authority may limit the amount of certain fees retained by certain officers; to provide for a certain report; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-1.1, relating to required training courses for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-1.1 to read as follows:

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15-9-1.1. (a) Any person who is or was elected, appointed, or made a judge of the probate court by operation of law on or prior to January 1, 1990, shall satisfactorily complete the required initial training course in the performance of his or her duties conducted by the Institute of Continuing Judicial Education of Georgia and shall file a certificate of such training issued by such institute with the Probate Judges Training Council on or before December 31, 1990, in order to become a certified judge of the probate court. The time and place of such training course and number of hours shall be determined by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia. (b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, and who does not satisfactorily complete the initial training course prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia or who does not file a certificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council within one year after taking office as a judge of the probate court shall become a certified judge of the probate court upon completion of such requirements at any later time. (c) Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council. (d) (1) Any judge who fails to earn the required cumulative annual minimal credit hours of training during any two-year period may be given a six-month administrative extension by the Probate Judges Training Council during which to fulfill this requirement. Upon failure to earn the required hours within the extension period, a private admonition shall issue from the Probate Judges Training Council with a copy of such admonition going to the Chief Justice of the Supreme Court. (2) Upon the failure of a judge to fulfill the training requirements during any three-year period, the Probate Judges Training Council shall notify such judge of probate court of the failure to meet the training requirements and conduct a show cause hearing. At the hearing, the training council shall determine whether a reasonable excuse exists for the judge's failure. If the training council determines the excuse was reasonable, it may grant an extension of up to six months within which all unfulfilled mandatory training hours, together with current requirements, must be met. If the training council

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finds that there was no reasonable excuse for such failure, it shall issue a reprimand and send it to the Supreme Court for approval. Oral arguments may be heard under the rules of the Supreme Court. If the reprimand is approved by the Supreme Court, the reprimand shall be made public through posting at the courthouse in the county where the judge presides and publishing such reprimand once a week for a period of four consecutive weeks in the legal organ of the county. (e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but the probate judge or probate judge elect shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority. SECTION 1A . Said chapter is further amended by inserting immediately following Code Section 15-9-67 the following: 15-9-68. Notwithstanding the provisions of subsection (e) of Code Section 31-10-8 and subsection (c) of Code Section 31-10-27, unless local law or an agreement between a judge of the probate court and the county governing authority provides for the retention of a greater amount, a county governing authority may, by ordinance or resolution, limit the total amount of fees authorized to be retained as personal compensation by a probate judge who serves as local custodian, local registrar, or special abstracting agent pursuant to Code Section 31-10-8 or 31-10-27 to an aggregate amount not less than an amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997. Any probate judge whose fees are limited pursuant to this Code section shall prepare and submit a report at least quarterly to the county governing authority specifying the amount received during the quarter for which the report is submitted. SECTION 2 . Said chapter is further amended by striking in its entirety Article 5, relating to the Executive Probate Judges Council of Georgia, and inserting in lieu thereof a new Article 5 to read as follows: ARTICLE 5 15-9-100. There is established the Probate Judges Training Council. It shall be the duty of the training council to advise and coordinate with the Institute of

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Continuing Judicial Education of Georgia concerning educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be required by law or requested by judges of the probate courts. 15-9-101. (a) The Probate Judges Training Council shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the training council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties. (b) The training council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the training council and empowered to handle funds of the training council. The premiums on such bonds shall be paid by the training council from funds appropriated or otherwise available to the training council. (c) The training council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the training council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the training council and all expenditures made by the training council, including administrative expense. He or she shall also make an audit of the affairs of the training council at any time required by a majority of the training council or the Governor of the state. 15-9-102. (a) The training council shall be composed as follows: three members from the state at large elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia for three-year staggered terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for three-year terms; provided, further, that, beginning in the spring of 1989, in order to

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stagger the terms, the initial term of one state-at-large member shall be one year, one shall be two years, and one shall be three years. All members may succeed themselves except for the three state-at-large members. Successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia if not a district or at-large member of the training council shall be a voting member of the training council ex officio. (b) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the training council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election. 15-9-103. The training council shall meet immediately following the annual spring business meeting of The Council of Probate Court Judges of Georgia and at such other times and places as it shall determine necessary or convenient to perform its duties. The training council shall annually elect a chairperson and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the training council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the training council. 15-9-104. Notwithstanding any other law, a councilmember shall not be ineligible to hold the office of judge of the probate court by virtue of his or her position as a member of the training council. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. EDUCATION DISCIPLINE OF STUDENTS; CIVIL IMMUNITY OF EDUCATORS; PLAINTIFF TO PAY COSTS AND FEES IN CERTAIN ACTIONS AGAINST EDUCATORS; COUNSEL PROVIDED FOR EDUCATOR IN CERTAIN ACTIONS. Code Section 20-2-1000 Enacted. No. 372 (House Bill No. 134). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide

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that certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton misconduct; to provide for a definition; to provide for the imposition, collection, and payment of court costs, attorneys' fees, and other expenses in certain circumstances; to provide for actions and counterclaims; to provide for duties of county and local boards of education concerning the provision of counsel to educators and practices, procedures, hearings, testimony, and other matters related thereto; to provide for the payment of the costs thereof; to provide for other matters relating to the rights of educators; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding, following Article 18 of said chapter, a new Article 18A to read as follows: ARTICLE 18A 20-2-1000. (a) As used in this Code section, the term `educator' means any principal, school administrator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, tribunal members, or certificated professional personnel. (b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton misconduct. (c) If a judgment or finding is rendered in favor of a defendant educator in any action, complaint, disciplinary proceeding, or other administrative proceeding brought by a student, a parent or guardian of a student, or any other person on behalf of a student and arising our of or resulting from the discipline of such student or if the complaint is found to be nonmeritorious, frivolous, or without just cause, all reasonable court costs, reasonable attorneys' fees, and reasonable expenses incurred by the defendant educator in defending such action or complaint shall be assessed by the court, agency, or other tribunal against the plaintiff and shall be paid by the plaintiff. Any educator shall have a right to bring an action or a counterclaim against the plaintiff in any such action or proceeding for any damages suffered by the educator as a result of the actions of the student or the filing of any frivolous or nonmeritorious action, complaint, or report. Nothing in this subsection shall be construed to apply to any educator filing a complaint as required

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by the rules, regulations, or code of ethics of the Professional Practices Commission; any child abuse reporting statute; any applicable local board of education rule, regulation, or policy; or any State Board of Education rule, regulation, or policy. (d) If any civil action is brought against any educator or any report or complaint is made or filed against any educator with the county or local board of education, the Department of Education, the Professional Practices Commission, or any other regulatory agency or tribunal by a student, a parent or guardian of a student, or any other person on behalf of a student and arising out of or relating to the discipline of such student, it shall be the duty of the county or local board of education employing such educator to provide counsel for the educator, if requested by the educator, unless such board of education determines, after an independent investigation of the report or complaint, that the act or omission of the educator constituted willful or wanton misconduct or constituted gross misconduct in violation of the express written policies of the board of education. Neither testimony given in such independent investigation nor the results of any such independent investigation by the board of education shall be admissable in any other proceeding. The provision of counsel to such educator shall be for an educational purpose and any funds available to the board of education may be expended for such purpose. Any attorneys' fees recovered pursuant to subsection (c) of this Code section attributable to the services furnished by any counsel provided to an educator by his or her employer shall be paid to the employer. 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, 1995. COURTS JUVENILE PROCEEDINGS; VENUE; TRANSFER FOR DISPOSITION FOLLOWING ADJUDICATION. Code Sections 15-11-15 and 15-11-16 Amended. No. 373 (House Bill No. 176). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to venue in juvenile proceedings; to provide that a

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juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides; 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 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-15, relating to venue in juvenile proceedings, and inserting in lieu thereof a new Code Section 15-11-15 to read as follows: 15-11-15. (a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit. (b) When a superior court judge sits as juvenile court judge, hearings in connection with any proceeding under this article may be heard before the judge in any county within the judicial circuit over which the judge presides. SECTION 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-16, relating to the transfer to the county of residence for disposition following an adjudication, and inserting in lieu thereof the following: (a) As used in this Code section, the term: (1) `Adjudicating court' means the juvenile court which makes a finding that a child has committed an unruly or delinquent act. (2) `Nonresident child' means a child who is a resident of a county of this state other than a county encompassed by the circuit of the adjudicating court. (3) `Resident child' means a child who is a resident of a county encompassed by the circuit of the adjudicating court.

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(b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicating court may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. Prior to making any order for disposition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. INSURANCE PROHIBITED TRANSACTIONS FOR DIRECTORS AND EMPLOYEES; EXCEPTIONS; INSURABLE INTEREST OF CORPORATION OR TRUSTEE; CONVEYANCE UPON PURCHASE OR MERGER; EXCHANGE OF POLICY; FORMER EMPLOYEES. Code Sections 33-14-19, 33-24-3, 33-24-6, and 33-27-3 Amended. No. 374 (Senate Bill No. 332). AN ACT To amend Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, directors, committee members, or employees who invest insurers' funds, so as to change certain provisions relating to insurance corporations; to authorize certain transactions with insurers by said officers, directors, committee members, or employees; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to insurance, so as to provide that an insurable interest shall be conveyed automatically to a corporation or trustee under certain circumstances; to provide that a corporation that acquires an existing corporation or a trustee of a trust established by such corporation for certain purposes may effectuate insurance upon the employees or retirees of the acquired corporation; to provide definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, directors, committee members, or employees who invest insurers' funds, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any officer, director, member of any committee, or an employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds shall not: (1) Deposit or invest the funds except in the insurer's corporate name, except as otherwise authorized by this title; (2) Borrow the funds of the insurer; (3) Be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such insurer except as a stockholder or member unless: (A) The insurer has provided the Commissioner with written notice of the proposed transaction no later than 30 days prior to such transaction, or such lesser period as may be permitted by the Commissioner, and the Commissioner has not disapproved the proposed transaction within that period; provided, however, that the Commissioner may, upon written notice given to the insurer no less than five days prior to the expiration of the initial review period, extend the review period for an additional time not to exceed 30 days; and (B) The proposed transaction has been approved by directors' action in accordance with the provisions of Code Section 14-2-862, or by shareholders' action in accordance with the provisions of Code Section 14-2-863, if the proposed transaction would be a director's conflicting interest transaction as defined by Code Section 14-2-860; or (4) Take or receive to his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of the insurer. SECTION 2 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by striking Code Section 33-24-3, relating to the insurable interest, and inserting in lieu thereof a new Code Section 33-24-3 to read as follows:

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33-24-3. (a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of such person's death or disability or a substantial interest engendered by love and affection in the case of individuals closely related by blood or by law. (b) An individual has an unlimited insurable interest in his or her own life, health, and bodily safety and may lawfully take out a policy of insurance on his own life, health, or bodily safety and have the policy made payable to whomsoever such individual pleases, regardless of whether the beneficiary designated has an insurable interest. (c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term `employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. The term `employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered. (c.1) The insurable interest of a corporation or trustee which has been established pursuant to subsection (c) of this Code section shall be conveyed automatically to another corporation or to the trustee of a trust established by such other corporation for its sole benefit which has acquired by purchase, merger, or otherwise all or part of the first corporation's business. A corporation or the trustee of a trust established by such corporation for its sole benefit may exchange any policy of

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insurance issued to itself or to another corporation or the trustee of a trust established by such other corporation for its sole benefit from which the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance issued to itself without establishing a new insurable interest at the time of such exchange. (d) An insurable interest must exist at the time the contract of personal insurance becomes effective but need not exist at the time the loss occurs. (e) Any personal insurance contract procured or caused to be procured upon another individual is void unless the benefits under the contract are payable to the individual insured or such individual's personal representative or to a person having, at the time when the contract was made, an insurable interest in the individual insured. In the case of a void contract, the insurer shall not be liable on the contract but shall be liable to repay to the person or persons who have paid the premiums all premium payments without interest. (f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor. SECTION 3 . Said article is further amended by striking Code Section 33-24-6, relating to consent of insured to the insurance contract, and inserting in lieu thereof a new Code Section 33-24-6 to read as follows: 33-24-6. (a) No life or accident and sickness insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and sickness insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies for a life or accident and sickness insurance contract or consents in writing to the contract, except in the following cases: (1) A spouse may effectuate insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor; (3) An application for a family policy may be signed by either parent, by a stepparent, or by husband or wife; (4) A publicly owned corporation may effectuate insurance upon its employees in whom it has an insurable interest;

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(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the corporation or the trustee cover at least 100 employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the group; or (6) A corporation described in paragraph (4) or (5) of this subsection or the trustee of a trust established by such corporation for its sole benefit may exchange any policy which was issued to itself on the life of an employee or retiree of the corporation, or which was issued to another corporation or the trustee of a trust established by such other corporation for its sole benefit on the life of an employee or retiree of such other corporation, and the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance on such individual's life issued to the exchanging corporation. (b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any application for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00. (c) An insurer shall be entitled to rely upon all statements, declarations, and representations made by an applicant for insurance relative to the insurable interest which such applicant has in the insured; and no insurer shall incur any legal liability except as set forth in the policy, by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the insurer. (d) As used in paragraphs (4), (5), and (6) of subsection (a) of this Code section, the term `employee' shall include any and all directors,

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officers, employees, retired employees, or the dependents of such persons. The term `employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered. SECTION 4 . Said article is further amended by striking paragraph (11) of subsection (a) of Code Section 33-27-3, relating to required provisions in group life insurance policies, and inserting in lieu thereof a new paragraph (11) to read as follows: (11) A corporation or trustee of a trust having an insurable interest pursuant to subsection (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term `employees' shall include directors, officers, employees, retired employees, or the dependents of such persons. The term `employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered. SECTION 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY; CERTAIN EMPLOYERS' CONTRIBUTIONS DUE ANNUALLY; CERTAIN TAX AND WAGE REPORTS DUE ANNUALLY; POWERS AND DUTIES OF COMMISSIONER OF LABOR; COLLECTION OF DELINQUENT PAYMENTS BY CONTRACTOR. Code Sections 34-8-150, 34-8-165, and 48-2-6 Amended. No. 375 (Senate Bill No. 29). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide that with respect to

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employers of certain domestic employees certain contributions shall become due and payable on an annual basis rather than on a quarterly basis; to provide for a definition; to provide for annual tax and wage reports; to provide for powers, duties, and authority of the Commissioner of Labor with respect to the foregoing; to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to authorize the state revenue commissioner to provide for the collection of delinquent taxes, penalty, and interest by contractors; to provide for compensation; to provide for qualifications; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 8 of Title 34 of the Official Code of of Georgia Annotated, relating to employment security, is amended by striking subsection (a) of Code Section 34-8-150, relating to payment of contributions by employers, and inserting in its place a new subsection (a) to read as follows: (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall be authorized to provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 34-8-165, relating to tax and wage reports, and inserting in its place a new subsection (a) to read as follows: (a)(1) In accordance with such regulations as the Commissioner may prescribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply. (2) With respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner may provide by regulation for such tax and wage reports to be filed on an annual

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rather than on a quarterly basis in accordance with federal law. No penalty shall be due for such reports which are filed in the manner and within the time period prescribed by the Commissioner. (3) Such reports shall list the name, social security number, the amount of wages paid each employee by such employer, and any other information the Commissioner may require. SECTION 3 . Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, is amended by adding a new subsection at the end thereof to be designated subsection (e) to read as follows: (e) The commissioner is authorized to provide for the collection of delinquent taxes, including penalties and interest, by contractors. Any such contractors must be approved by the commissioner. No employee of the department shall be approved as a contractor under this subsection. Such contractors shall be compensated only on a commission or contingent fee basis. SECTION 4 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. COURTS JUVENILE PROCEEDINGS; TRAINING SEMINARS FOR JUDGES; RIGHTS AND RESPONSIBILITIES OF DEPARTMENT OF CORRECTIONS REGARDING JUVENILES IN CUSTODY. Code Sections 15-11-4.1 and 15-11-5.1 Amended. No. 376 (Senate Bill No. 229). AN ACT To amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to training, seminars, and sanctions relating thereto for juvenile court judges and certain associate judges

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exercising juvenile court jurisdiction; to clarify the responsibility of the Department of Corrections with respect to certain juveniles sentenced to the custody of the department; to provide that the Department of Corrections shall have certain rights, powers, and responsibilities with respect to certain juveniles sentenced to the custody of such department; 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 11 of Title 15, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-4.1, relating to training seminars for judges, and inserting in its place the following: (a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to those seminars by court rules properly adopted; provided, however, that said judges shall receive credit for attending seminars outside of this state only in circumstances of hardship as determined by the Council of Juvenile Court Judges. SECTION 2 . Said article is further amended by striking in its entirety subsection (d) of said Code Section 15-11-4.1 and inserting in its place the following: (d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall participate in at least one seminar established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section. SECTION 3 . Said article is further amended by striking Code Section 15-11-5.1, relating to commitment of a child 13 to 17 years of age to the custody of the Department of Corrections, and inserting in lieu thereof a new Code Section 15-11-5.1 to read as follows:

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15-11-5.1. (a) A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 shall be committed to the custody of the Department of Corrections; provided, however, that any juvenile in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 notwithstanding that such juvenile was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a juvenile is housed shall be designed to ensure that juveniles are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such juveniles, which shall mean that a youth confinement until shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to youths 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities. (b) When given legal custody over a juvenile for confinement in a youth confinement unit as provided under this Code section, the Department of Corrections shall have: (1) The right of physical possession of the juvenile; (2) The right and duty to protect, train, and discipline the juvenile; (3) The responsibility to provide the juvenile with food, clothing, shelter, and education; (4) The right to determine the facility in which the juvenile shall be confined; and (5) The right and duty to provide or obtain for a juvenile medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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ELECTIONS GEORGIA MUNICIPAL ELECTION CODE AMENDED; QUALIFICATION FEES; NOTICE OF CANDIDACY; QUALIFYING TIMES. Code Sections 21-3-90 and 21-3-91 Amended. No. 377 (House Bill No. 351). AN ACT To amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, so as to change the time for fixing qualification fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried offices; to change the dates for qualifying; to provide for hours when municipalities shall conduct qualifying; to provide for exceptions; to provide for notice of the hours for qualifying; to change the time of notice of the opening and closing dates for qualifying; 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 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, is amended by striking in its entirety subsection (a) of Code Section 21-3-90, relating to qualification fees, and inserting in lieu thereof a new subsection to read as follows: (a) At least two weeks prior to the opening of qualifications for a special or general municipal election, the governing authority of any municipality shall fix and publish a qualification fee to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files the candidate's notice of candidacy. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by municipal charter or ordinance; provided, however, that such qualification fee shall not exceed $35.00 for such an office. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to notices of candidacy and certificates of nominations, and inserting in lieu thereof a new subsection to read as follows: (a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality:

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(1) In the case of a general election held in an odd-numbered year, no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and no later than 4:30 P.M. on the following Friday; (2) In the case of a general election held in an even-numbered year, no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and no later than 4:30 P.M. on the following Friday; and (3) In the case of a special election, at least 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. If a run-off primary is held, each candidate nominated therein or a designee shall file a notice of candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. RETIREMENT AND PENSIONS SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SUPERIOR COURT JUDGES RETIREMENT SYSTEM; DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA; DISTRICT ATTORNEYS' RETIREMENT SYSTEM; ADMINISTRATION BY EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA. Code Sections 47-8-6, 47-9-27, 47-12-25, and 47-13-30 Enacted. No. 378 (House Bill No. 137). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the Employees' Retirement System of Georgia shall administer the Superior Court Judges Retirement Fund of Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retirement System; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end of Article 1 of Chapter 8, relating to the creation, administration, and management of the Superior Court Judges Retirement Fund of Georgia, the following: 47-8-6. The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund. SECTION 2 . Said title is further amended by inserting at the end of Article 2 of Chapter 9, relating to the creation, administration, and management of the Superior Court Judges Retirement System, the following: 47-9-27. The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund. SECTION 3 . Said title is further amended by inserting at the end of Article 2 of Chapter 12, relating to the creation, administration, and management of the District Attorneys Retirement Fund of Georgia, the following: 47-12-25. The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund. SECTION 4 . Said title is further amended by inserting at the end of Article 2 of Chapter 13, relating to the creation, administration, and management of the District Attorneys' Retirement System, the following: 47-13-30. The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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RETIREMENT AND PENSIONS RETIREMENT BENEFIT OPTIONS UNDER SHERIFFS' RETIREMENT FUND OF GEORGIA; COST OF LIVING INCREASE. Code Section 47-16-101 Amended. No. 379 (House Bill No. 266). AN ACT To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following: (1) Option One shall be known as a `single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $256.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $256.00 per month, plus $64.00 per month for each additional year of service so credited to the member and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $1,920.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant.

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Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. COURTS MAXIMUM AUTHORIZED COMPENSATION FOR BAILIFFS INCREASED. Code Section 15-12-7 Amended. No. 380 (Senate Bill No. 257). AN ACT To amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to the compensation of court bailiffs, so as to increase the maximum authorized compensation for court bailiffs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to the compensation of court bailiffs, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following: (1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $70.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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STATE GOVERNMENT MOTOR VEHICLE EXPENSES REIMBURSEMENT; CHANGE IN MILEAGE RATE. Code Section 50-19-7 Amended. No. 381 (House Bill No. 474). AN ACT To amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle; 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 [Illegible Text] of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, is amended by striking Code Section 50-19-7, relating to motor vehicle expenses reimbursement, and inserting in lieu thereof a new Code section to read as follows: 50-19-7. The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be paid 25 per mile as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. SECTION 2 . This Act shall become effective on July 1, 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. ADOPTION DECREES JUDICIAL CHALLENGES; TIME LIMITS. Code Section 19-8-18 Amended. No. 382 (Senate Bill No. 307). AN ACT To amend Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, so as to provide when such

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decrees shall not be subject to judicial challenge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, is amended by adding at the end thereof two new subsections to read as follows: (e) A decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree. (f) Any decree of adoption issued prior to the effective date of this action shall not be subject to any judicial challenge more than six months after the effective date of this Act. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. REVENUE AND TAXATION STANDING TIMBER; ASSESSMENT; MILLAGE RATE; WEIGHTED AVERAGE PRICES; OWNER HARVESTS. Code Section 48-5-7.5 Amended. No. 383 (House Bill No. 755). AN ACT To amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to change the millage rate to be used in calculating such tax; to change certain provisions relating to the provision of weighted average prices by the state revenue commissioner to tax assessors; to change certain billing and payment requirements with respect to owner harvests; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, is amended by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph (1) to read as follows:

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(1) Where standing timber is sold, in an arm's length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation shall be the lump sum price paid by the purchaser in the arm's length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed for taxation following its future harvest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate levied by the taxing authority on tangible property for the previous calendar year. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax commissioner. Such negotiable instrument shall be remitted by the purchaser to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector or tax commissioner a report of the sale showing the lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall promptly be delivered by the tax collector or tax commissioner to the seller. SECTION 2 . Said Code section is further amended by striking paragraph (1) of subsection (d) and inserting in its place a new paragraph (1) to read as follows: ([Illegible Text]) Any person purchasing standing timber, in an arm's length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value of standing timber paid to the seller and the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested. Such report shall include such data through the last business day of the calendar quarter, the names and addresses of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the

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end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the total dollar values paid by the purchaser in the arm's length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales transaction as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate levied by the taxing authority on tangible property for the previous calendar year. SECTION 3 . Said Code section is further amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows: (e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate levied by the taxing authority on tangible property for the previous calendar year. SECTION 4 . Said Code section is further amended by striking subsection (g) and inserting in its place a new subsection (g) to read as follows: (g) The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar year for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood in each county or multicounty area within 60 days of the end of each calendar year. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale. SECTION 5 . Said Code section is further amended by striking paragraph (1) of subsection (h) and inserting in its place a new paragraph (1) to read as follows:

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(h)(1)(A) Based on the reports and data provided under subsections (d), (f), and (g) of this Code section, the tax collector or tax commissioner shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner. (B) Based upon the reports and data provided under subsections (e) and (g) of this Code section, ad valorem taxes for owner harvests shall be payable by the landowner to the tax collector or tax commissioner within 45 days after the end of each calendar quarter. SECTION 6 . Said Code section is further amended by striking subsection (i) and inserting in its place a new subsection (i) to read as follows: (i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate levied by the taxing authority on tangible property for the preceding calendar year. SECTION 7 . This Act shall become effective on January 1, 1996, and shall be applicable to all taxable years beginning on or after January 1, 1996. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995. GENERAL ASSEMBLY APPORTIONMENT OF HOUSE OF REPRESENTATIVES. Code Section 28-2-1 Amended. No. 384 (House Bill No. 440). AN ACT To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain House districts; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its

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members, is amended by striking from subsection (a) the descriptions of House Districts 4, 5, 6, 116, 118, 119, 128, 139, and 141 and inserting in lieu thereof new descriptions of said districts to read as follows: District: 4 WHITFIELD COUNTY VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL District: 5 WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE VTD: 0018 TILTON District: 6 MURRAY COUNTY FANNIN COUNTY VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B Tract: 9502.

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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575 Tract: 9503.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278 Tract: 9504. Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,

Page 798

212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451 District: 116 BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 127, 128, 201, 202, 203, 204A, 204B, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 236, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO RICHMOND COUNTY VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 149, 151, 152, 153 Tract: 0107.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148,

Page 799

149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108. Block(s): 901F VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 237, 238, 239, 240 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part) Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912 VTD: 0068 FG6 District: 118 RICHMOND COUNTY VTD: 0001 1 VTD: 0003 2 VTD: 0007 3B VTD: 0008 4 (Part) Tract: 0015. Block(s): 101B, 104, 105, 106, 107, 108, 110, 202, 205, 206, 208, 209, 210, 213, 214, 301, 302, 303, 304, 310, 401, 402, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 508, 510, 511, 512, 513, 515 VTD: 0009 4A VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 141, 142, 143, 144, 145, 146, 147 VTD: 0048 89-3 VTD: 0049 89-4 (Part) Tract: 0105.05 Block(s): 201, 301, 601, 602, 701, 706, 714, 716, 717, 722, 723 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 828, 829, 830, 831, 832, 833, 835

Page 800

District: 119 BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272 RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 131 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 201, 202, 203, 204, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422A, 422B, 423, 432A, 432B, 433, 434, 435, 436, 437A, 437B, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449, 450 VTD: 0036 86-8 VTD: 0050 89-5 (Part)

Page 801

Tract: 0105.09 Block(s): 721, 722, 723, 724, 725, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 834, 836, 837 Tract: 0107.05 Block(s): 104 District: 128 BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351, 352, 353, 356 VTD: 001A 1A (Part) Tract: 0702. Block(s): 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 323, 324, 325, 327, 328, 340, 341, 342, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391, 392, 394, 395, 396, 397 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 201A, 201B, 204A, 204B, 204C Tract: 0211.01 Block(s): 101A, 101B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303

Page 802

VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0203. Block(s): 101A Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE (Part) Tract: 0401. Block(s): 104, 106, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 144, 316, 317, 322, 323, 324, 325, 326, 327, 328, 329 Tract: 0402.

Page 803

Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 157B, 201, 202, 203, 204, 211B Tract: 0403.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122 VTD: 0020 BYRON (Part) Tract: 0401. Block(s): 101A, 101B, 101C, 102, 103, 105, 107, 108, 109A, 109B, 110A, 110B, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 145, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250A, 250B, 251, 252, 253, 254, 255, 256, 257, 258, 259A, 259B, 260A, 260B, 260C, 261, 262, 263, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272A, 272B, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 301, 302, 303, 304, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406 Tract: 0402. Block(s): 101, 102, 103, 104 District: 139 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235 Tract: 0207. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429

Page 804

VTD: 0004 RECR (Part) Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B Tract: 0209. Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405 VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 119, 120, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 143 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 411A, 411B VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A,

Page 805

301B, 301C, 302A, 302B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 205, 213, 214, 215, 216, 217, 218, 219 VTD: 0017 WRJH District: 141 CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433

Page 806

DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 224A, 224B, 226A, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 509, 510, 511, 512, 513, 514, 515B, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 579, 581, 583, 584, 585, 586 VTD: 0003 THIRD 516 (Part) Tract: 9701. Block(s): 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 192 VTD: 0005 FINDLAY 1552 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410

Page 807

Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904, 905 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425 VTD: 0011 10TH (Part) Tract: 0212. Block(s): 104, 105, 106, 107, 108, 110, 206 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 408A, 408C, 409, 410, 412 Tract: 0202. Block(s): 408 VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303, 304, 305, 306 Tract: 0211.02 Block(s): 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212 VTD: 0014 N13 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 204, 211, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264,

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265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 205, 213A, 301, 302, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513 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 elections for members of the House of Representatives held on and after its effective date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1995.

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MOTOR VEHICLES AND TRAFFIC MOTOR VEHICLE REGISTRATION AND LICENSING; STAGGERED REGISTRATION OVER 12 MONTH PERIOD; FOUR-MONTH REGISTRATION; DEADLINES; PENALTIES; CERTIFICATES OF TITLE; DEALER'S SECURITY INTEREST; AD VALOREM TAXES; LICENSE PLATES; FEES. Code Title 40 Amended. Code Title 48 Amended. No. 385 (House Bill No. 379). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and registration deadlines; to provide for penalties for late registration; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to change certain provisions relative to filing an application for a certificate of title; to change certain provisions relative to perfection of a dealer's security interest in a motor vehicle; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on motor vehicles become due and payable; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following: 40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any

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public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decals affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following: (a)(1) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, except as provided in paragraph (3) of this subsection, during the owner's registration period in each year, register such vehicle as provided in this chapter, obtain a license to operate it for the 12 month period until, such person's next registration period, and return such vehicle for taxation and remit the ad

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valorem taxes due on such vehicle. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the period remaining until such person's next registration period; provided, however, that if such vehicle is acquired after the owner's registration period it shall not be subject to and no ad valorem taxes shall be collected until the owner's next registration period and unless such vehicle is owned by such person during such owner's next registration period. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (3) In calendar year 1997, motor vehicles registered in Georgia prior to January 1, 1997, shall:

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(A) In those counties which, prior to January 1, 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due; or (B) In those counties which, prior to January 1, 1996, do not have a four-month staggered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due. SECTION 3 . Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety and inserting in lieu thereof the following: 40-2-21. (a) As used in this chapter, the term: (1) `Registration period' means: (A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March. (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;

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(III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; (ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March. (C) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. (2) `Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. (b) The owner of every vehicle registered in the previous calendar year shall register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor. (c) The owner of any vehicle registered in the previous calendar year who moves his or her residence from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggereed registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner after the owner's registration period and who resides in a county which has a staggered registration period shall, unless such vehicle has a current registration, register and obtain a license to operate such vehicle prior to the last day of the owner's registration period or, if such registration period has passed at the time of the change of residence or at the time of transfer, not later than 30 days following the date of the change of residence or the date of transfer. (d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after the final date on which such vehicle is required to be registered, be subject to a $15.00 late registration penalty.

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Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are waived or are determined not to be applicable under rules or regulations issued by the commissioner. (e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. (f) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue. SECTION 4 . Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following: 40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign to the vehicle a license plate bearing a distinctive number. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 26,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the night-time

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visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. (f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The vehicle for which the decal is issued is currently registered in the county named on the decal; (2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or (3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal. SECTION 5 . Said chapter is further amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, in its entirety and inserting in lieu thereof the following: 40-2-34. (a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums

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of money received. The term `business week' shall mean Monday through Friday (or Saturday if applicable). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week. (e) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section. SECTION 6 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-40, relating to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following: (a) The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, after the expiration of the owner's registration period, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase. SECTION 7 . Said chapter is further amended by striking Code Section 40-2-62, relating to special license plates for members of the General Assembly, in its entirety and inserting in lieu thereof the following:

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40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may be transferred to another vehicle as provided in Code Section 40-2-80. SECTION 8 . Said chapter is further amended by striking Code Section 40-2-63, relating to special license plates issued to sheriffs, in its entirety and inserting in lieu thereof the following: 40-2-63. The commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state on or before the owner's registration period of each sheriff. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriffs' license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff; however, a sheriff may choose to use the sheriff's distinctive license plate either on the law enforcement vehicle assigned to such sheriff or on his or her personal vehicle. SECTION 9 . Said chapter is further amended by striking Code Section 40-2-65, relating to special license plates for active reserve components of the United States, in its entirety and inserting in lieu thereof the following:

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40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the `United States military reserve.' The major commanders of each active reserve component program shall furnish to the commissioner a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner a list of the members of that state's National Guard unit who reside in Georgia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year. (b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the `United States military reserve,' such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.

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(2) Should an active reservist who has been issued a license plate or license plates be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's license plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate or license plates, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after purchasing a regular license plate for his or her current registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. SECTION 10 . Said chapter is further amended by striking Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following: 40-2-66. (a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal

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transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary. (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the

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license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry. (d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.

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SECTION 11 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof the following: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Each licensed amateur radio operator shall be entitled to no more than one such free plate at a time. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection. SECTION 12 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof the following: (a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified

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firefighters of their fire departments who reside in Georgia which list shall be updated as necessary. SECTION 13 . Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended by striking subsection (b) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following: (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or such county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. SECTION 14 . Said chapter is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests generally, in its entirety and inserting in lieu thereof the following: (b) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of

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its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder. SECTION 15 . Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-442, relating to preparation and distribution of uniform evaluation of motor vehicles for tax purposes, in its entirety and inserting in lieu thereof a new Code Section 48-5-442 to read as follows: 48-5-442. (a) (1) The commissioner shall prepare at least annually and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles subject to this article. Each evaluation shall reflect the current fair market value for all motor vehicles as determined by the commissioner. (2) The commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners uniform procedures for the evaluation of all mobile homes subject to this article. (b) Notwithstanding subsection (a) of this Code section, all antique and hobby or special interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of $100.00 in the uniform evaluation prepared and distributed annually by the commissioner. SECTION 16 . Said article is further amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows: 48-5-451. Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for

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the failure to make the return or pay the tax in accordance with this article. SECTION 17 . Said article is further amended by striking Code Section 48-5-471, relating to motor vehicles owned on January 1 subject to ad valorem taxation, in its entirety and inserting in lieu thereof a new Code Section 48-5-471 to read as follows: 48-5-471. Every motor vehicle owned in this state by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person at any time during such person's registration period. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property if owned by such entity at any time during such entity's registration period. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. SECTION 18 . Said article is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned and held by dealers for retail sale, returns of dealers' inventory, dealer's assessed value, determination of tax rate, time for payment of taxes, and motor vehicles in transit on January 1, in its entirety and inserting in lieu thereof a new Code Section 48-5-472 to read as follows: 48-5-472. (a) For the purpose of this Code section, the term 'dealer' means any person who is engaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department. (b) Motor vehicles which are owned by a dealer are not included within the distinct classification of tangible property made by this article for all other motor vehicles. The procedures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax.

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SECTION 19 . Said article is further amended by striking Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, in its entirety and inserting in lieu thereof a new Code Section 48-5-473 to read as follows: 48-5-473. (a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section, but no license plate need be purchased. (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period. SECTION 20 . Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-8, relating to time of application and payment for license plate, in its entirety and inserting in lieu thereof the following: 48-10-8. Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before the expiration of the owner's registration period each year. Payment for the license plate shall be made to the commissioner, a duly authorized agent, or any other person specified by law.

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SECTION 21 . This Act shall become effective on January 1, 1997. SECTION 22 . Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provisions of this Act shall stand repealed on the effective date of this Act. SECTION 23 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. PROFESSIONS AND BUSINESSES PHYSICIAN'S ASSISTANTS; TERMS DEFINED; ADDITIONAL DUTIES AND AUTHORITY. Code Sections 43-34-102 and 43-34-104 Amended. No. 386 (House Bill No. 285). AN ACT To amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, so as to provide for certain definitions; to provide for the delegation of additional duties and functions to physician's assistants; to provide for construction of said provisions as they relate to liability; to provide for prescription drug or device order forms; to provide for adequate physician supervision; to provide for rules to be established by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, is amended by striking Code Section 43-34-102, relating to definitions, and inserting in its place the following: 43-34-102. As used in this article, the term: (1) `Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (2) `Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written

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prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (3) `Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. (4) `Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. (5) `Physician's assistant' means a skilled person qualified by academic and practical training to provide-patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. SECTION 2 . Said article is further amended in Code Section 43-34-103, relating to approval of physician's assistants, by adding immediately following subsection (e) thereof the following subsection: (e.1)(1) In addition to the authority granted by Code Section 43-34-26.1, a physician's assistant shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-2, any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's assistant performing such delegated acts and shall adequately supervise the physician's assistant. If an existing job description for a physician's assistant does not contain such authority to carry out a prescription drug or device order as provided by this subsection, that physician's assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to

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this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's assistant duly certified under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician's assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the physician's assistant using the following language: This prescription authorized through: (the prescribing supervising physician) (M.D. or D.O.) by (the physician's assistant) PHYSICIAN'S ASSISTANT. The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physician's assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) The physician's assistant shall inform the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out by the physician's assistant. (5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board. (6) A supervising physician shall personally reevaluate, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices. (7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office in the following manner:

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(A) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file; and (B) The supervising physician shall countersign the prescription drug or device order copy or medical record entry for each prescription drug or device order within a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement. (8) A physician's assistant is not permitted to prescribe drugs or devices except as authorized in the physician's assistant's job description and in accordance with this chapter. (9) The board shall adopt rules establishing: (A) The content and use of prescription drug or device order forms; (B) Procedures to evaluate an application for a job description containing the authority to carry out a prescription drug or device order; (C) A formulary of prescription drugs or devices which may or may not be included in a job description; (D) The maintenance and custody of records for prescription drug or device orders; (E) A minimum of three continuing medical education hours biennially in practice specific pharmaceuticals in which the physician's assistant has prescriptive order privileges; and (F) Any other rules the board may deem necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare. (10) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's assistants in remote practice sites. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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PUBLIC OFFICERS AND EMPLOYEES DEDUCTIONS FROM WAGES AND SALARIES; DEDUCTIONS FOR CERTAIN NOT-FOR-PROFIT ORGANIZATIONS; DEDUCTIONS FOR PURCHASE OF TRANSIT PASSES. Code Section 45-7-54 Amended. Code Section 45-7-55 Enacted. No. 387 (House Bill No. 473). AN ACT To amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and salaries of public officers and employees, so as to change the provisions relating to the minimum number of state employees required to request deductions for certain not-for-profit organizations; to authorize departments, agencies, authorities, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit; to provide for costs and deductions from pay; to provide for immunity from liability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and salaries of public officers and employees, is amended by striking subsection (b) of Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to salary deductions of state employees for certain not-for-profit organizations, and inserting in its place the following: (b) Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement or registered nursing disciplines request payroll deduction services to any not-for-profit association having among its specific objectives professional development activities related to such employment or promoting or enhancing law enforcement or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment benefit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions. SECTION 1.1 . Said article is further amended by adding at the end of said article a new Code section to read as follows:

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45-7-55. (a) It is the purpose of this Code section to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the purchase of transit passes and other fare media for the benefit of these employees and the State of Georgia through a process which involves minimal disruption of work time and provides reasonable assurance to the employees of reliable transportation to and from work. (b) Any department, agency, authority, or commission of the state is authorized to participate in any program to provide a mass transit employee benefit to its employees and may, but need not, bear all or a portion of the cost of such fare media from funds specifically appropriated for this purpose. (c) Any such participating state entity is authorized to deduct designated amounts from the wages or salaries of its employees for the purpose of facilitating employee purchase of transit passes and other fare media. No such deduction shall be made without the approval of the head of the participating state entity. No such deduction shall be made without the written request of the employee, who may withdraw that person's request upon one month's written notice. (d) The fiscal authorities or other employees of any participating state entity will not incur any liability for errors or omissions made in the performance of the mass transit employee benefit program. 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 19, 1995. CRIMES AND OFFENSES GAMBLING; RAFFLES AUTHORIZED TO BE OPERATED BY CERTAIN NONPROFIT ENTITIES; PENALTIES FOR OPERATING RAFFLE WITHOUT LICENSE. Code Section 16-12-20 Amended. Code Section 16-12-22.1 Enacted. No. 388 (House Bill No. 456). AN ACT To amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of activities which constitute a lottery; to authorize certain raffles; to

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provide for legislative intent; to provide for definitions; to require licenses; to provide for license procedures, fees, and renewal; to provide for revocation; to provide for access to premises by law enforcement agencies; to provide for certificate of tax-exempts status; to provide for special limited licenses; to provide for certain ownership restrictions regarding certain premises; to provide for age restrictions; to provide for annual reports; to provide for regulations and requirements with respect to the conducting or operating of raffles; to provide for authority of sheriffs with respect to the foregoing; to provide for criminal penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, is amended by striking paragraph (4) of Code Section 16-12-20, relating to definitions regarding gambling, and inserting in its place a new paragraph (4) to read as follows: (4) `Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a: (A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393; (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions: (i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and (ii) No person to be eligible to receive such prize shall be required to: (I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (II) Purchase any goods, wares, merchandise, or anything of value from such business; or (III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or (C) Raffle authorized under Code Section 16-12-22.1.

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SECTION 2 . Said part is further amended by adding a new Code section immediately following Code Section 16-12-22, to be designated Code Section 16-12-22.1, to read as follows: 16-12-22.1. (a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501(c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff, which are properly licensed pursuant to this Code section shall be allowed to operate raffles. (b) As used in this Code section, the term: (1) `Nonprofit, tax-exempt organization' means churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501(c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff. (2) `Operate,' `operated,' or `operating' means the direction, supervision, management, operation, control, or guidance of activity. (3) `Raffle' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize. Such term shall also include door prizes which are awarded to persons attending meetings or activities provided that the cost of admission to such meetings or activities does not exceed the usual cost of similar activities where such prizes are not awarded. (4) `Sheriff' means the sheriff of the county in which the nonprofit tax-exempt organization is located. (c) Any other law to the contrary notwithstanding, no nonprofit, tax-exempt organization shall be permitted to operate a raffle until the sheriff issues a license to the organization authorizing it to do so. The license described in this subsection is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no raffle shall be operated until such time as all requisite licenses have been obtained. In the event a nonprofit, tax-exempt organization desires to conduct a raffle in more than one county, such organization shall not be required to obtain a license under this Code section in each county in which such raffle is to be conducted and shall only be required to obtain such license from the sheriff of the county in which the state headquarters of such organization are located. (d) (1) Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the sheriff on forms

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prescribed by the sheriff and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 24 months immediately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the sheriff prior to January 1 of each year and shall be on a form prescribed by the sheriff. (2) Each application for a license and each application for renewal of a license shall contain the following information: (A) The name and home address of the applicant and, if the applicant is a corporation, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the directors, or other persons similarly situated, of the organization; (B) The names and home addresses of each of the persons who will be operating, advertising, or promoting the raffle; (C) The names and home addresses of any persons, organizations, or other legal entities that will act as surety for the applicant or to which the applicant is financially indebted or to which any financial obligation is owed by the applicant; (D) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law; (E) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under the tax laws of this state; (F) The location at which the applicant will conduct the raffles and, if the premises on which the raffles are to be conducted is to be leased, a copy of the lease or rental agreement; and (G) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in subparagraphs (A), (B), and (C) of this paragraph. (3) The sheriff shall refuse to grant a raffle license to any applicant who fails to provide fully the information required by this Code section. (4) When a nonprofit, tax-exempt organization which operates or intends to operate raffles for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which gross receipts are or will be limited to $100.00 or less during each raffle and pays or will pay prizes having a value of $100.00 or less

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during each raffle, then, notwithstanding any other provision of this Code section or any rule or regulation promulgated by the sheriff pursuant to the provisions of subsection (l) of this Code section, neither the applicant nor any of the persons whose names and addresses are required under subparagraphs (A) and (B) of paragraph (1) of this subsection shall be required to submit or provide fingerprints or photographs as a condition of being granted a license. (e) (1) The sheriff shall have the specific authority to suspend or revoke any license for any violation of this Code section. Any licensee accused of violating any provision of this Code section shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (2) By making application for a license under this Code section, every applicant consents that the sheriff, as well as any of his agents, together with any prosecuting attorney, as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a raffle for the purpose of examining the accounts and records of the licensee to determine if a violation of this Code section has occurred. (f) The sheriff shall, upon the request of any prosecuting attorney or such prosecuting attorney's designee, certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The sheriff shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a raffle. Such certificates properly executed shall be admissible in evidence in any prosecution, and Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate. (g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiving written application therefor, shall be authorized to issue a special limited license to a nonprofit, tax-exempt organization which will allow it to operate up to three raffles during a calendar year. Each such single raffle shall be conducted in its entirety during a period not to exceed 30 days. In such cases, the sheriff shall waive the license fee provided for in subsection (d) of this Code section and the annual report provided for in subsection (j) of this Code section. (h) Raffles shall be operated only on premises owned by the nonprofit, tax-exempt organization operating the raffle, on property leased by the nonprofit, tax-exempt organization and used regularly by that organization for purposes other than the operation of a raffle, or on property leased by the nonprofit, tax-exempt organization operating the raffle from another nonprofit, tax-exempt organization.

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(i) No person under the age of 18 years shall be permitted to play any raffle conducted pursuant to any license issued under this Code section unless accompanied by an adult. (j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection. (k) (1) A licensee that conducts or operates a raffle shall maintain the following records for at least three years from the date on which the raffle is conducted: (A) An itemized list of the gross receipts for each raffle; (B) An itemized list of all expenses other than prizes that are incurred in the conducting of the raffle as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses; (C) A list of all prizes awarded during the raffle and the name and address of all persons who are winners of prizes of $50.00 or more in value; (D) An itemized list of the recipients other than the licensee of the proceeds of the raffle, including the name and address of each recipient to whom such funds are distributed; and (E) A record of the number of persons who participate in any raffle conducted by the licensee. (2) A licensee shall: (A) Own all the equipment used to conduct a raffle or lease such equipment from an organization that is also licensed to conduct a raffle; (B) Display its raffle license conspicuously at the location where the raffle is conducted; (C) Conduct raffles only as specified in the licensee's application; and (D) Not conduct more than one raffle during any one calendar day. (3) No nonprofit, tax-exempt organization shall enter into any contract with any individual, firm, association, or corporation to have such individual, firm, association, or corporation operate raffles or concessions on behalf of the nonprofit, tax-exempt organization.

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(4) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a raffle in which said nonprofit, tax-exempt organization is not directly and solely operating the raffle. (5) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a raffle. (6) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the raffle operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of raffles regardless of whether such person assists both organizations in the same day. (l) The sheriff is authorized to promulgate rules and regulations which the sheriff deems necessary for the proper administration and enforcement of this Code section which are not in conflict with any provision of this Code section. (m) Any person who operates a raffle without a valid license issued by the sheriff as provided in this Code section commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a raffle for which a license has not been obtained as provided in this Code section similarly commits the offense of commercial gambling. Any person who violates any other provision of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both. 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 19, 1995.

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PROFESSIONS AND BUSINESSES FUNERAL DIRECTORS; TAGGING DEAD BODIES OR REMAINS PRIOR TO DISPOSITION. Code Section 43-18-8 Enacted. No. 389 (House Bill No. 246). AN ACT To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that the funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, is amended by adding at the end of said part a new Code Section 43-18-8 to read as follows: 43-18-8. The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death. If the religious faith of the deceased prohibits desecration of the body, alternative means of identification of the body may be used. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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LOCAL GOVERNMENT ANNEXATION OF UNINCORPORATED ISLANDS; TIME FOR SUBMISSION TO U.S. JUSTICE DEPARTMENT FOR PRECLEARANCE UNDER VOTING RIGHTS ACT. Code Section 36-36-92 Amended. No. 390 (House Bill No. 543). AN ACT To amend Code Section 36-36-92 of the Official Code of Georgia Annotated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, so as to extend the time period for submission to the U.S. Justice Department from 60 to 90 days; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-36-92 of the Official Code of Georgia Annotated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, is amended by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) The provisions of this article with regard to annexation of unincorporated islands is severable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon preclearance of each annexation by the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any city annexing an unincorporated island pursuant to this article shall submit such annexation to the U.S. Justice Department for preclearance not later than 90 days following the date of adoption of the annexation ordinance by the municipal governing authority. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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HEALTH REQUIRED DISCLOSURES REGARDING TREATMENT OF ALZHEIMER'S DISEASE; OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT ENACTED. Code Title 31, Chapter 8, Article 7 Enacted. Code Title 31, Chapter 42 Enacted. No. 391 (House Bill No. 558). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for written disclosure by certain entities, facilities, programs, and by instrumentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or therapeutic activities for persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia of certain information relating to philosophy, acceptance, discharge, emergency situations, responding to changes in needs, staffing and training, physical environment, activities, involvement with the family, and program costs; to provide for applicability; to provide definitions; to provide for a standard disclosure form; to provide for updating and verification; to provide for an election as to whether to modify the disclosure form or to provide the specialized care, treatment, or therapeutic activities listed on the disclosure form; to provide that a failure to disclose is a violation of the Fair Business Practices Act of 1975; to provide for remedies; to provide for a short title; to provide for purpose; to provide for an osteoporosis prevention and treatment education program; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new article to be designated Article 7 to read as follows: ARTICLE 7 31-8-180. As used in this article, the term: (1) `Alzheimer's disease' or `Alzheimer's-related dementia' means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) `Care,' `treatment,' and `therapeutic activities' shall not include the sole activity of marketing, selling, manufacturing, or dispensing medication which is approved by the United States Food and Drug

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Administration and prescribed by a person licensed to practice medicine in accordance with Chapter 34 of Title 43 and informational or support services related to the use of such medication. 31-8-181. This article shall not apply to the following: (1) An individual licensed to practice medicine under the provisions of Chapter 34 of Title 43, and persons employed by such an individual, provided that any nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Section 31-7-172, respite care service as defined by Code Section 49-6-72, adult day program, or home health agency owned, operated, managed, or controlled by a person licensed to practice medicine under the provisions of Chapter 34 of Title 43 shall be subject to the provisions of this article; or (2) A hospital. However, to the extent that a hospital's nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Section 31-7-172, respite care service as defined by Code Section 49-6-72, adult day program, or home health agency holds itself out as providing care, treatment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's-related dementia as part of a specialty unit, such nursing home, personal care home, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions of this article. 31-8-182. (a) Any entity, facility, program, or any instrumentality of the state or political subdivision of the state other than those excluded by Code Section 31-8-181 which advertises, markets, or offers to provide specialized care, treatment, or therapeutic activities for one or more persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia shall disclose the form of care, treatment, or therapeutic activities provided beyond that care, treatment, or therapeutic activities provided to persons who do not have a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia. (b) The disclosure required by subsection (a) of this Code section shall be made in writing on the disclosure form provided for by subsection (c) of this Code section and provided to any person seeking information concerning placement in or care, treatment, or therapeutic activities from the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181. (c) With input from persons and organizations with experience or expertise regarding care, treatment, or therapeutic activities for persons

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who have Alzheimer's disease or Alzheimer's-related dementia, the department shall develop a standard disclosure form. The disclosure shall be made on such form. The entity, facility, program, or the instrumentality of the state or a political subdivision of the state other than those excluded by Code Section 31-8-181 shall revise the disclosure form whenever significant changes are made. 31-8-183. The disclosure required by Code Section 31-8-182 shall explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants with Alzheimer's disease or Alzheimer's-related dementia in each of the following areas: (1) The overall philosophy and mission of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 which reflects the needs of patients or residents with Alzheimer's disease or Alzheimer's-related dementia; (2) The processes for accepting patients, residents, or participants into the entity, facility, program, or into the instrumentality of the state or of a political subdivision of the state; for discharging patients, residents, or participants from the entity, facility, program, or from the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181; and for handling emergency situations; (3) The processes used for defining the programs of services of that entity, facility, program, or of that instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181, including the method by which the program of services responds to changes in the patient's, resident's, or participant's needs; (4) Staffing, staff training, and continuing education practices; (5) Description of the physical environment including safety and security features; (6) The frequency and types of activities for patients, residents, or participants; (7) The involvement of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 with families and family support programs; and (8) The charge structure of the specialized care, treatment, or therapeutic activities, including any additional fees.

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31-8-184. (a) Failure to provide disclosure as required by this article shall be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975,' and all public and private remedies available under such part shall be available with regard to a violation of this article. (b) Within existing procedures, the department may examine the disclosure form required by this article to verify its accuracy. If determined to be inaccurate, the department shall require the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 either to: (1) Provide the specialized care, treatment, or therapeutic activities listed on the disclosure form; or (2) Modify the disclosure form to reflect the specialized care, treatment, or therapeutic activities actually being offered. The entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 will make the decision of which alternative listed in paragraph (1) or (2) of this subsection to pursue. Action by the department in pursuit of this subsection shall not affect the licensing process for any entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181. (c) For the purposes of the review and verification referred to in subsection (b) of this Code section, the disclosure form being provided to the public at the time of the review and verification shall be used. SECTION 2 . Said title is further amended by adding a new chapter to read: CHAPTER 42 31-42-1. This chapter shall be known and may be cited as the `Osteoporosis Prevention and Treatment Education Act.' 31-42-2. The purposes of this chapter are, to the extent funds are available: (1) To create a multigenerational, state-wide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection, and treatment options; (2) To facilitate understanding of osteoporosis with educational materials, information about research, services, and strategies for prevention and treatment;

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(3) To utilize educational and training resources of organizations with expertise and knowledge of osteoporosis; (4) To evaluate the quality and accessibility of osteoporosis services of community based services; (5) To provide easy access to clear, complete, and accurate osteoporosis information and referral services; (6) To educate and train service providers, health professionals, and physicians; and to heighten awareness about the prevention, detection, and treatment of osteoporosis among health and human service officials, health educators, and policy makers; and (7) To promote the development of support groups for osteoporosis patients and their families and caregivers. 31-42-3. The department shall establish strategies to promote and maintain an osteoporosis prevention and treatment education program in order to raise public awareness, educate consumers, and train health professionals, teachers, and human service providers, including: (1) PUBLIC AWARENESS. The department shall develop strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, value of prevention and early detection, and options for diagnosis and treatment; (2) CONSUMER EDUCATION. The department shall develop strategies for educating consumers about risk factors, diet and exercise, diagnostic procedures and their indications for use, risks and benefits of drug therapies currently approved by the U.S. Food and Drug Administration, and the availability of services; (3) PROFESSIONAL EDUCATION. The department may develop strategies for educating physicians and health professionals and training service providers on osteoporosis prevention, diagnosis, and treatment, including guidelines for detecting and treating in special populations, and medication options; (4) NEEDS ASSESSMENT. The department may conduct a needs assessment to identify research being conducted; technical assistance and educational materials and programs nationwide; the level of awareness about osteoporosis; the needs of patients, families, and caregivers; the needs of health care providers, including managed care organizations; the services available to patients; existence of treatment programs; existence of rehabilitation services; and number and location of bone density testing equipment. To the extent that funds are specifically appropriated, the department shall develop and maintain a resource guide to include osteoporosis related services; and

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(5) TECHNICAL ASSISTANCE. The department may replicate and use successful osteoporosis programs and contracts with and purchase materials or services from organizations with expertise and knowledge of osteoporosis. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. WATERS OF THE STATE, PORTS, AND WATERCRAFT PILOTS AND PILOTAGE; VARIOUS PROVISIONS. Code Title 52, Chapter 6 Amended. No. 392 (House Bill No. 489). AN ACT To amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to change the provisions relating to prescribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license; to change the maximum number of pilots for certain ports; to change provisions relating to restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels; to change the provisions relating to the form of the license and the oath of a pilot; to change provisions relating to hearings before commissioners and enforcement of decrees and orders by execution of warrants of distress; to change provisions relating to appeals to the superior court, generally; to require vessels to be under the direction and control of pilots licensed by this state when moving in the bays, rivers, harbors, and ports of this state and the approaches thereto; to repeal provisions relating to fees for coastwise vessels; to change provisions relating to time of payment and security for payment; to change the liability and penalties for failure to take a pilot or failure to pay pilotage fees; to provide for related matters; to provide an effective date; to provide for contingent repeal of certain provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, is amended by striking subsection (a) of Code Section 52-6-11, relating to authority of commissioners to prescribe rules and regulations and to prescribe and revise pilotage fees, in its entirety and inserting in its place a new subsection (a) to read as follows:

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(a) The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees when, in their judgment, it is necessary to do so. All rules and regulations consistent with this chapter existing as of January 1, 1995, and all fees prescribed by the commissioners as of January 1, 1995, shall remain in effect until changed as provided in this chapter. SECTION 2 . Said chapter is further amended by striking Code Section 52-6-30, relating to qualifications for a pilot's license, in its entirety and inserting in its place a new Code Section 52-6-30 to read as follows: 52-6-30. The commissioners at each of the ports of this state are entitled to license during good behavior such citizens of the United States who are of good character as they shall think fit to act as pilots in piloting vessels underway in the waters of the several ports and rivers for which they shall be licensed. Any pilot who is licensed as of January 1, 1995, shall continue to act under such license until said license is revoked or the pilot is suspended or is retired as provided in this chapter. SECTION 3 . Said chapter is further amended by striking Code Section 52-6-31, relating to the number of pilots, in its entirety and inserting in lieu thereof a new Code Section 52-6-31 to read as follows: 52-6-31. The number of licensed pilots shall not exceed 17 for the port of Savannah, three for the port of Doboy and Darien, six for the port of Brunswick, two for the Great Satilla River, and two for the port of St. Mary's. SECTION 4 . Said chapter is further amended by striking Code Section 52-6-32, relating to restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels, in its entirety and inserting in its place a new Code Section 52-6-32 to read as follows: 52-6-32. No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity, or reward for piloting any vessels underway in the waters of any of the ports, rivers, or harbors for which pilots may be licensed under the terms of this chapter. Nothing in this Code section shall be construed as prohibiting payments being made to docking pilots for

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services rendered in accordance with subsection (c) of Code Section 52-6-45. SECTION 5 . Said chapter is further amended by striking Code Section 52-6-33, relating to the form of the license and the oath of the pilot, in its entirety and inserting in its place a new Code Section 52-6-33 to read as follows: 52-6-33. The license to a pilot must be in the form of a certificate of appointment, which must be signed by a majority of the commissioners or by their chairperson by their direction; and each pilot, on receiving a license, shall take and subscribe an oath in the following form: `I, A.B., appointed pilot for the port and harbor of....., do swear that I will faithfully, according to the best of my ability, perform the duties of a pilot in and for the port and harbor of....., and will at all times wind, weather, and health permitting use my best efforts to go on board every vessel I shall see and conceive to be bound for, coming into, going out of, or underway within said port or harbor, unless I am well assured there is some other licensed pilot on board the same; that I will, at all times, make the best dispatch in my power to convey any vessel committed to my charge coming into, going out of, or underway within said port or harbor; and will at all times well and truly observe, fulfill, and follow, to the best of my skill and judgment, all such orders and directions as I may receive from the commissioners in all matters and things relating to the duty of a pilot.' SECTION 6 . Said chapter is further amended by striking Code Section 52-6-38, relating to hearings before commissioners and enforcement of decrees and orders by execution or warrants of distress, in its entirety and inserting in its place a new Code Section 52-6-38 to read as follows: 52-6-38. All matters concerning the assessment of fines or penalties against pilots or other persons, the suspension or revocation of pilot licenses, and any other matter relating to the use, business, or care of a pilot in any of the harbors shall be heard and determined by the commissioners, or a majority of them, appointed for the care of the pilotage where the violation, damage, or dispute may arise, upon reasonable notice to the pilot, pilots, or other persons concerned and an opportunity for the pilot, pilots, or other persons to be heard. The commissioners are authorized by their decree or order to decide and regulate every such matter, to assess fines and penalties, and to suspend or revoke licenses. They shall have the power to enforce the decree or order by execution

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or warrant of distress, under their hands and seals or under the hands and seals of any three of them, directed to any sheriff or constable of the county where the execution issues and commanding the sale of the offender's goods, or so much of them as may be necessary to satisfy the execution or warrant. All sales thereunder shall be made in conformity with the laws of the state in relating to sheriffs' sales. The sheriff and constable shall be liable to be ruled before the judge of the superior court as in other cases for default in duly executing such process. SECTION 7 . Said chapter is further amended by striking Code Section 52-6-42, relating to appeal to superior court, generally, in its entirety and inserting in its place a new Code Section 52-6-42 to read as follows: 52-6-42. In any case where a pilot is suspended or the pilot's license is revoked or where a fine exceeding $150.00 is imposed by the commissioners on a pilot or any other person, the pilot or other person concerned may petition the judge of the superior court of the county where the judgment or sentence of the commissioners was made, setting forth on oath the circumstances of the case. A copy of the petition shall be served upon the chairperson or secretary of the commissioners at least three days before the petition is presented and the commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the judge of the superior court should think there is sufficient ground for the allowance of an appeal, such judge shall issue an order directing an issue to be made between the appellant and the commissioners, which issue shall be tried by a jury at the next term of the superior court, unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the judge of the superior court shall order that the fine be remitted, that the suspension be canceled, or that the license be restored. Either the appellant or the commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon the motion, as is provided by law in cases of appeal from orders granting or refusing a new trial in common-law cases. SECTION 8 . Said chapter is further amended by striking Code Section 52-6-45, relating to pilotage fees and the liability of vessels for payment of inward and outward pilotage fees, in its entirety and inserting in its place a new Code Section 52-6-45 to read as follows: 52-6-45. (a) Except as otherwise provided in this Code section, every vessel shall be under the direction and control of a pilot licensed by this state when

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underway in the bays, rivers, harbors, and ports of this state and the approaches thereto. (b) The requirement of subsection (a) of this Code section shall not apply to the following vessels: (1) Vessels exempted by the laws of the United States; (2) Vessels under 200 gross tons; and (3) Vessels in distress or jeopardy, except that any such vessel shall take a state licensed pilot as soon as one arrives at the vessel. (c) Nothing in this Code section shall be construed to prohibit a vessel from utilizing the services of a docking pilot in addition to the state licensed pilot required under this chapter during docking and undocking maneuvers with the assistance of one or more tugboats. The commissioners are authorized, consistent with all other requirements of this chapter, to establish by regulation or otherwise the duties, responsibilities, and fees of state licensed pilots when operating with a docking pilot aboard a vessel. (d) When the services of a docking pilot are being utilized during docking and undocking maneuvers with the assistance of one or more tugboats in accordance with subsection (c) of this Code section, the docking pilot shall be in control of such vessel. SECTION 9 . Said chapter is further amended by striking Code Section 52-6-46, relating to fees for coastwise vessels, in its entirety and inserting in its place a new Code Section 52-6-46 to read as follows: 52-6-46. Reserved. SECTION 10 . Said chapter is further amended by striking Code Section 52-6-47, relating to time of payment of pilotage fees and security for payment, in its entirety and inserting in its place a new Code Section 52-6-47 to read as follows: 52-6-47. A pilot bringing a vessel into port or a pilot who has tendered his or her services outside the bar to a vessel which is required under this chapter to accept the services of a pilot shall be entitled to the payment of fees for inward, outward, and all other movements of the vessel within the waters of the port, subject to the Commissioners' regulations, before the vessel leaves the port and may require the vessel to give adequate security therefor, to be approved by the commissioners, before the vessel leaves the port. If the payment is not made or the security is not given, no pilot

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shall be required to take the vessel out. The master, owner, or agent of any vessel which is in readiness to leave must, if possible, give notice of that fact to the commissioners at the port in question or to its authorized representative. The acceptance of security for pilotage fees shall in no way affect the lien specified in Code Section 52-6-49, given in case the fees are not paid. SECTION 11 . Said chapter is further amended by striking Code Section 52-6-49, relating to liability of master, charterer, and cargo for refusal of vessel to take pilot or pay pilot's fees, in its entirety and inserting in its place a new Code Section 52-6-49 to read as follows: 52-6-49. (a) Any vessel that fails to take a pilot required under this chapter or that is operated in violation of any other requirement of this chapter or the regulations adopted by the commissioners under the authority of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation. Any vessel assessed such a penalty shall be liable in rem for the payment of the penalty amount. (b) The owner, charterer, managing operator, master, or individual in charge of a vessel that fails to take a pilot required under this chapter or who violates any other requirement of this chapter or the regulations adopted by the commissioners under the authority of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation. (c) Any owner, charterer, managing operator, master, or individual in charge of a vessel who knowingly and willfully refuses to take a pilot required under this chapter shall be guilty of a misdemeanor. (d) Any vessel and the owner, charterer, managing operator, master, or individual in charge of the vessel that fails to take a pilot required under this chapter or that fails to pay the applicable pilotage fee when a pilot has been taken shall be liable to the first pilot who offered pilotage services, in the case of a vessel failing to take a required pilot, or to the pilot who performed the pilotage services, in the case of a vessel taking the pilot but failing to pay the pilotage fee, for the full amount of the applicable pilotage fee. The pilot is given a lien on the vessel and its tackle, apparel, and furniture for the collection of the fees. (e) The liabilities and penalties provided for in this Code section are cumulative and are in addition to any rights or remedies available to a pilot or pilots, the commissioners, or to the state under any other law. SECTION 12 . Said chapter is further amended by striking subsection (a) of Code Section 52-6-54, relating to acting as a pilot without a license or interfering with or

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disturbing a licensed pilot, in its entirety and inserting in its place a new subsection (a) to read as follows: (a) Any person who pilots or conducts any vessel underway in the waters of any of the bays, rivers, harbors, or ports of this state or the approaches thereto and who has no authority or license to act as a pilot or has had such authority or license suspended or revoked shall be guilty of a misdemeanor. SECTION 13 . Subsection (d) of Code Section 52-6-45 provided for in Section 8 of this Act shall automatically stand repealed on July 1, 1996, unless legislation has been enacted providing for the licensing of docking pilots. 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 April 19, 1995. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; UNPAID VOLUNTEERS FOR ATLANTA COMMITTEE FOR OLYMPIC GAMES OR ATLANTA PARALYMPIC ORGANIZING COMMITTEE DEEMED EMPLOYEES FOR PURPOSES OF COVERAGE. Code Section 34-9-2.4 Enacted. No. 393 (Senate Bill No. 17). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an employee of the organization for purposes of workers' compensation coverage while performing such service; to provide for automatic repeal; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation,

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is amended by adding, following Code Section 34-9-2.3, a new Code Section 34-9-2.4 to read as follows: 34-9-2.4. (a) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1, a person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an employee of the organization for purposes of workers' compensation coverage while performing such service. For purposes of this Code section, `voluntary service without pay' shall include the performance of services by a person who receives no remuneration other than meals, uniforms, transportation, lodging, or reimbursement for incidental expenses. (b) This Code section shall automatically stand repealed as of December 31, 1997. 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 19, 1995. PROFESSIONS AND BUSINESSES FUNERAL DIRECTORS AND EMBALMERS; CONTINUING EDUCATION. Code Sections 43-18-55 and 43-18-56 Enacted. No. 394 (House Bill No. 100). 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 continuing education requirements for those licensees; 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 at the end the following Code sections:

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43-18-55. (a) The board shall be authorized to require persons seeking renewal of an embalmer's license under this chapter to complete board approved continuing education of not less than 10 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) An embalmer who is also a licensed funeral director and who completes the continuing education requirements for funeral directors pursuant to Code Section 43-18-56 shall not be required to complete additional continuing education requirements pursuant to this Code section. (e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal. 43-18-56. (a) The board shall be authorized to require persons seeking renewal of a funeral director's license under this chapter to complete board approved continuing education of not less than 10 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) A funeral director who is also a licensed embalmer and who completes the continuing education requirements established for embalmers pursuant to Code Section 43-18-55 shall not be required to complete additional continuing education requirements pursuant to this Code section.

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(e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. MOTOR VEHICLES AND TRAFFIC PURSUIT OF FLEEING SUSPECT BY OFFICERS; CAUSATION OF DAMAGES; PENALTIES FOR FLEEING OR ATTEMPTING TO ELUDE OFFICER. Code Sections 40-6-6 and 40-6-395 Amended. No. 395 (House Bill No. 409). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to specify the conditions under which a pursuing law enforcement officer may be found to have contributed to the causation of damages, injury, or death caused by a fleeing suspect; to change certain penalty provisions applicable to the offense of fleeing or attempting to elude a police officer; to provide for the mandatory nature of certain penalty provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-6-6, relating to the operation of authorized emergency vehicles and law enforcement vehicles, and inserting in lieu thereof a new subsection (d) to read as follows: 40-6-6. (a) The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section. (b) The driver of an authorized emergency vehicle or law enforcement vehicle may:

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(1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle. (d) (1) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (2) When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officer's pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Where such reckless disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such reckless disregard shall not in and of itself establish causation. (3) The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law. (e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section. SECTION 2 . Said title is further amended by striking in its entirety subsection (b) of Code Section 40-6-395, relating to the offense of fleeing or attempting to elude a police officer, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b)(1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and: (A) Upon conviction shall be fined not less than $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten 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 $1,000.00 nor more than $5,000.00, which 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; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and (C) Upon the third 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 $2,500.00 nor more than $5,000.00, which 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. (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 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 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 this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection.

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(5)(A) 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 in an attempt to escape arrest for a felony offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, 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. SECTION 3 . This Act shall become effective on May 1, 1995. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. EVIDENCE PRIVILEGED COMMUNICATIONS TO AND AMONG MENTAL HEALTH CARE PROVIDERS. Code Section 24-9-21 Amended. No. 396 (Senate Bill No. 223). AN ACT To amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide for privileged communications to, between, and among certain mental health care providers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, is amended by striking Code Section 24-9-21, relating to confidentiality of certain communications, and inserting in lieu thereof the following:

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24-9-21. There are certain admissions and communications excluded on grounds of public policy. Among these are: (1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; (5) Communications between psychiatrist and patient; (6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16; (7) Communications between patient and a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor during the psychotherapeutic relationship; and (8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this Code section. As used in this Code section, the term `psychotherapeutic relationship' means the relationship which arises between a patient and a licensed clinical social worker, a clinical nurse specialist in psychiatric/mental health, a licensed marriage and family therapist, or a licensed professional counselor using psychotherapeutic techniques as defined in Code Section 43-10A-3 and the term `psychotherapy' means the employment of `psychotherapeutic techniques'. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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PROFESSIONS AND BUSINESSES PROFESSIONAL ENGINEERS AND LAND SURVEYORS; POWERS OF STATE BOARD; ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS; PLUMBING DEFINED. Code Sections 43-15-6 and 43-14-2 Amended. No. 397 (House Bill No. 471). 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 change the provisions relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors; to provide that said board shall adopt rules and regulations mandating continuing professional competency as a condition for renewal of professional engineering certificates of registration and land surveyor certificates of registration; to provide requirements applicable to said rules and regulations; to authorize the waiver of continuing education requirements under certain circumstances; to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term plumbing; to provide for applicability; 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 striking in its entirety Code Section 43-15-6, relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors, and inserting in lieu thereof a new Code Section 43-15-6 to read 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 chairman or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the production of books, papers, documents, and other things relevant to such investigation in order to investigate

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conduct subject to regulation by the board; the chairman or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the manner provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; and (3) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. (b) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each person seeking renewal of a certificate of registration as a professional engineer or a land surveyor to complete board approved continuing education of not more than 30 hours biennially for professional engineers and not more than 15 hours biennially for 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 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. The requirement for continuing education shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle. SECTION 2 . Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows: (12) `Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems within or adjacent to any building, structure, or conveyance. The term `plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the storm-water or sewerage and water supply systems of any premises to their connection with any point of public

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disposal or other acceptable terminal. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. HIGHWAYS, BRIDGES, AND FERRIES WEIGHT LIMITATIONS ON VEHICLES HAULING CERTAIN COMMODITIES. Code Section 32-6-26 Amended. No. 398 (House Bill No. 490). AN ACT To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of maintenance and use of public roads generally, so as to change the allowed weight limitation on vehicles hauling certain commodities; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of maintenance and use of public roads generally, is amended by striking in its entirety subsection (g) of Code Section 32-6-26, relating to the weight of vehicle and load, and inserting in lieu thereof a new subsection to read as follows: (g)(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when: (A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence;

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(B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; or (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county. (2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle. 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 19, 1995. COURTS FAMILY VIOLENCE CASES; SUPERIOR COURT CLERKS' FEES; JUVENILE CUSTODY AND DETENTION; CHILD CUSTODY PROCEEDINGS; PARENTAL VISITATION. Code Title 15 Amended. Code Title 19, Chapter 9 Amended. Code Section 19-9-7 Enacted. No. 399 (House Bill No. 498). AN ACT To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to change the amount of fees charged in family violence cases; to provide that the fees so specified shall be inclusive of all amounts provided for in other laws, except for costs for service of process; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to when a child may be taken into custody; to change the procedures for taking an unruly child into custody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of curfew; to provide procedures for such holding facilities; to change the provisions relating to the detention of certain children alleged to be unruly; to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for the consideration of the safety of the child and of a parent who has

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been the victim of family violence in proceedings in which child custody or parental visitation is an issue if the court has made a finding of family violence; to provide for consideration of the perpetrator's history of causing physical harm, bodily harm, assault, or causing reasonable fear of physical harm, bodily injury, or assault; to provide that absence of a parent for a reasonable time because of family violence shall not be deemed abandonment; to provide when visitation by a parent who has committed acts of family violence may be awarded; to provide for conditions relating to safety in visitation orders; to provide for confidentiality of the address of the child and the victim of family violence; to prohibit ordering joint counseling as a condition of custody or visitation; to provide for conditions if a family or household member supervises visitation; to provide for other 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 15-6-77, relating to fees of superior court clerks, is amended by striking subsection (e) and inserting in its place a new subsection to read as follows: (e) Costs in civil cases: (1) As used in this subsection, the term `civil cases' shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section. (2) Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions. (3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action: (A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each $ 1.00

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All bonds over 500, each 50 (B) Recording on final record, per page 1.50 (4) The total sum for all services rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 shall be $20.00. Such sum shall be inclusive of any additional sums which may be provided for by other laws except costs for service of process; and any remittances required to be made by the clerk of superior court in such cases shall be made from such $20.00. No additional sums, other than costs for service of process, shall be charged or collected in a family violence case. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3. (5) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. SECTION 2 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-17, relating to when a child may be taken into custody, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Children and Youth Services designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Children and Youth Services or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child;

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(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary; (5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian; (6) By a law enforcement officer or duly authorized officer of the court if a parent or guardian of a child has contacted a law enforcement agency and reported that the child is absent from parental custody without consent and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-19 is available; or (7) By a law enforcement officer or duly authorized officer of the court if a child is violating a curfew and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-19 is available. SECTION 3 . Said article is further amended by striking in its entirety subsection (e) of Code Section 15-11-19, relating to procedure on taking a child into custody, and inserting in lieu thereof a new subsection (e) to read as follows: (e)(1) Treatment of unruly child . With respect to a child suspected of being unruly as defined in paragraph (12) of Code Section 15-11-2 or a child who is in violation of a curfew, a person taking such a child into custody shall not exercise custody over the child except for a period of 12 hours. A child taken into custody may be detained in a holding facility for unruly children as provided for in paragraph (2) of this subsection. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court or if an intake officer has not made a detention decision, the child shall be released from custody. In no case shall such a child in custody be detained in a jail. (2) Counties and municipalities are authorized to establish facilities where a child who is suspected of being unruly or who is in violation of a curfew may be informally detained until the parent or guardian assumes custody of the child. Immediately after a child is brought into such a facility, every effort shall be made to contact the parent or guardian of the child. A child shall not be restrained in a cell or other such place apart from other children unless such child engages in disruptive or unruly behavior while at the holding facility. SECTION 4 . Said article is further amended by striking in its entirety subsection (e) of Code Section 15-11-20, relating to place of detention of juvenile offenders, and inserting in lieu thereof a new subsection (e) to read as follows:

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(e) Allegation of unruliness . A child unruly or alleged to be unruly who has not been released from custody as provided in subsection (e) of Code Section 15-11-19 may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child. SECTION 5 . Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended by striking subsection (a) of Code Section 19-9-1, relating to cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, and inserting in lieu thereof a new subsection to read as follows: (a)(1) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. (2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;

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(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and (C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination. (3) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriate. SECTION 6 . Said article is further amended by striking subsection (a) of Code Section 19-9-3, relating to cases in which the custody of a minor child or children is at issue between the parents, and inserting in lieu thereof a new subsection to read as follows: (a)(1) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. (2) The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly. (3) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence: (A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence; (B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and

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(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination. (4) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. (5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. (6) The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. SECTION 7 . Said article is further amended by inserting a new Code section to be designated Code Section 19-9-7 to read as follows: 19-9-7. (a) A court may award visitation by a parent who committed one or more acts involving family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation order, a court may: (1) Order an exchange of a child to occur in a protected setting; (2) Order visitation supervised by another person or agency; (3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation; (4) Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section 16-13-25 during the visitation and for 24 hours preceding the visitation; (5) Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation; (6) Prohibit overnight visitation; (7) Require a bond from the perpetrator of family violence for the return and safety of the child; and

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(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member. (b) Whether or not visitation is allowed, the court may order the address of the child and the victim of family violence to be kept confidential. (c) The court shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation. (d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation. SECTION 8 . This Act shall become effective July 1, 1995, and shall apply with respect to actions filed on or after that date. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. STATE GOVERNMENT GEORGIA INSTITUTE FOR COMMUNITY BUSINESS DEVELOPMENT; CREATION; PURPOSES AND POWERS; BOARD OF DIRECTORS AND DIRECTOR; FUNDING. Code Title 50, Chapter 29 Enacted. No. 400 (Senate Bill No. 404). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Institute for Community Business Development; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds; to assign the institute to the Board of Regents of the University System of Georgia for administrative purposes only; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 29 to read as follows: CHAPTER 29 50-29-1. As used in this chapter, the term: (1) `Director' means the director of the Georgia Institute for Community Business Development as created under this chapter. (2) `Institute' means the Georgia Institute for Community Business Development as created under this chapter. (3) `Undeveloped and economically distressed communities' and `limited resource communities' shall be defined by the University of Georgia Selig Center for Economic Studies in conjunction with the institute's board of directors using standard financial and economic data collected by federal and state agencies. 50-29-2. There is created and established the Georgia Institute for Community Business Development of the State of Georgia. 50-29-3. The purposes for which the institute is founded shall include the following: (1) To promote, stimulate, develop, and advance economic growth in undeveloped and economically distressed communities throughout the state and thereby promote, stimulate, develop, and advance the business, prosperity, and economic welfare of the entire state; (2) To encourage, assist, and facilitate the development and creation of small business and industry in this state, including community based small businesses, and to strengthen and assist existing small business and industry in limited resource communities and undeveloped and economically distressed communities; (3) To stimulate and assist in the expansion of community based small business activity which will tend to promote small business development and maintain the economic stability of the state; (4) To enhance and promote opportunities for employment and business expansion in undeveloped and economically distressed communities and limited resource communities to improve the standard of living of the citizens of this state;

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(5) To lend technical assistance at the state level to the existing network of community based economic development entities throughout the state; (6) To cooperate and act in conjunction with other organizations, public or private, in the promotion of industrial, commercial, agricultural, and recreational small business developments in this state; and (7) To identify resources and incentives for the promotion, development, and conduct of all kinds of community based small business activity and community based economic development activities in the state. 50-29-4. In furtherance of its purposes, the institute shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for community based small businesses; (2) To identify and coordinate partnerships between private enterprise, government, and community based groups and businesses to facilitate community revitalization efforts in undeveloped and economically distressed communities and limited resource communities; (3) To assist the Governor's Development Council and regional development centers throughout the state in developing multi-year plans for economic and small business development initiatives for undeveloped and economically distressed communities, limited resource communities, and the poorest regions of this state; (4) To work with existing rural economic development entities to expand and coordinate community empowerment efforts; (5) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the institute or to further the public purposes for which it was created; (6) To apply for and to accept any gifts, bequests, or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (7) To contract with state agencies or any local government for the use by the institute of any property, facilities, or services of the state or any such state agency or local government; and

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(8) To do all things necessary or convenient to carry out the powers conferred by this chapter. 50-29-5. (a) The institute shall be under the direction and supervision of a board of directors to be composed of four members appointed by the chancellor of the University System of Georgia, who shall be presidents of university system institutions, three members appointed by the Speaker of the House of Representatives, three members appointed by the President of the Senate, and three members appointed by the Governor. There shall be a director of the institute who shall be appointed and removed by the board of directors upon recommendation by the Governor. The institute shall set the salary of the director. (b) Members of the institute shall not be entitled to compensation for the duties they perform as members of the institute. Each member shall, however, be entitled to reimbursement for travel and other necessary expenses incurred in the performance of offical duties. (c) The director shall have the following powers and duties: (1) To maintain such offices within the state as the director and institute may deem necessary; (2) To appoint assistants, clerks, and other employees as the director may deem necessary and to fix their compensation; (3) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (4) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury; (5) To furnish technical advice and assistance with respect to community economic development to further the purposes of this chapter; (6) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this chapter; (7) To act as a liaison between community based groups, small and minority businesses, government agencies, community development corporations, and the private sector; and (8) To require from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this chapter.

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50-29-6. (a) The institute shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books together with the proper statement of the institute's financial position once a year to the state auditor and quarterly to the Board of Regents of the University System of Georgia. (b) The institute shall be assigned to the Board of Regents of the University System of Georgia for administrative purposes only, pursuant to Code Section 50-4-3. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. PROFESSIONS AND BUSINESSES MARRIAGE AND FAMILY THERAPISTS; REQUIREMENTS FOR LICENSURE. Code Section 43-10A-13 Revised. No. 401 (Senate Bill No. 188). 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 training requirements; 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 striking in its entirety Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, which reads as follows: 43-10A-13. The education, experience, and training requirements for licensure in marriage and family therapy are as follows: (1) A master's degree from a program in any specialty, and 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, after July 1,

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1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; (2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision 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; or (3) A law degree and four years' full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; and who have applied for licensure prior to July 1, 1989., and inserting in lieu thereof the following: 43-10A-13. (a) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a master's degree are as follows: (1) (A) A master's degree from a program in any specialty, any allied profession, applied child and family development, or applied sociology; (B) A master's degree 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; or (C) A master's degree based on a specific course of study consisting of at least 45 semester or 75 quarter hours which shall include six semester or ten quarter hours of general family studies, six semester or ten quarter hours of marital and family therapy theory, and three semester or five quarter hours of professional ethics; provided, however, that any person qualified for licensure pursuant to the

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provisions of this subparagraph must have applied for licensure prior to July 1, 2001; and (2) Completion of 2,000 hours of client contact experience, at least 500 hours of which shall have been in the practice of marriage and family therapy, as follows: (A) Up to 500 such hours may be obtained either before granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and (B) At least 1,500 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours. (b) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a doctorate degree are as follows: (1) A doctorate degree in a program which meets the requirements of paragraph (1) of subsection (a) of this Code section; and (2) Completion of 900 hours of client contact experience in the practice of marriage and family therapy as follows: (A) Up to 500 such hours may be obtained before the granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and (B) At least 400 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours. (c) Notwithstanding any provision of this Code section to the contrary, any person who has met the requirements for a clinical membership in the American Association for Marriage and Family Therapy and who presents evidence of such membership to the board shall be qualified for licensure in marriage and family therapy. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, PRISON GUARDS, AND EMERGENCY MEDICAL TECHNICIANS ELIGIBILITY OF MEMBERS OF GEORGIA NATIONAL GUARD; PAYMENTS TO ESTATES; AMOUNT AND METHOD OF PAYMENTS; APPLICATIONS. Code Title 45, Chapter 9, Article 5 Amended. No. 402 (Senate Bill No. 353). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term law enforcement officer; to provide that certain members of the Georgia National Guard carrying out law enforcement duties shall be eligible for indemnification with respect to death or disability occurring in the line of duty; to change the provisions relating to the authority of the Department of Administrative Services as to payments from the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the amount of indemnification paid; to change the provisions relating to application for indemnification and to provide time restrictions on applications for indemnification; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of children and youth services of the Department of Children and Youth Services pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction

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of the Department of Children and Youth Services or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor, who have been specifically designated and delegated law enforcement powers by the adjutant general, and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. SECTION 2 . Said article is further amended by striking in its entirety paragraph (1) of Code Section 45-9-84.3, relating to the authority of the Department of Administrative Services as to payments from the Georgia State Indemnification Fund, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) To pay the appropriate indemnification to the persons eligible for indemnification under this article or to the estate of such persons as provided in this article from the proceeds of the Georgia State Indemnification Fund;. SECTION 3 . Said article is further amended by striking in its entirety Code Section 45-9-85, relating to the payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows: 45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard who in the line of duty: (1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, and if such death is not the result of suicide and if such bodily injury is not intentionally selfinflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which

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would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, and if the permanent disability is not intentionally self-inflicted. (b) (1) Notwithstanding any provision of this article to the contrary, for any compensable claim filed on or after July 1, 1995, payment shall be made as follows: (A) In the case of permanent disability, the eligible disabled person pursuant to this article may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B) In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (2) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (3) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard has been killed or permanently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this article.

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SECTION 4 . Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-86, relating to application for indemnification, and inserting in lieu thereof a new subsection (a) to read as follows: (a) An application for indemnification with respect to a claim filed on or after July 1, 1995, for permanent disability of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or other authorized individual. An application for indemnification with respect to a claim filed on or after July 1, 1995, for the death of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist shall be submitted by the individual authorized to administer the estate. SECTION 5 . Said article is further amended by adding at the end of Code Section 45-9-86, relating to application for indemnification, a new subsection (f) to read as follows: (f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. LAW ENFORCEMENT GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED; CERTAIN TERMS DEFINED; TRAINING REQUIRED FOR JAIL OFFICERS. Code Section 35-8-2 Amended. Code Section 35-8-24 Enacted. No. 403 (House Bill No. 444). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the Georgia Peace Officer Standards and Training Act, so as to

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provide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such person has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council; to provide that any person employed or appointed as a juvenile correctional officer six months after the effective date of this Act shall not be authorized to serve as a juvenile correctional officer in any juvenile correctional facility after a certain date unless such person has successfully completed a training course for juvenile correctional officers approved by the Georgia Peace Officer Standards and Training Council; to define certain terms; to provide that applicants for certification as jail officers or juvenile correctional officers and certified jail officers or juvenile correctional officers shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers and shall be required to fulfill certain requirements; to provide for exemptions with respect to jail officers or juvenile correctional officers employed as of a certain date; to provide for registration of exempt officers; to provide for effectiveness of registration upon termination as a jail officer or as a juvenile correctional officer; to provide for an alternate method of certification with respect to certain jail officers or juvenile correctional officers; 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 8 of Title 35 of the Official Code of Georgia Annotated, known as the Georgia Peace Officer Standards and Training Act, is amended by striking in its entirety Code Section 35-8-2, relating to definitions, and inserting in lieu thereof a new Code Section 35-8-2 to read as follows: 35-8-2. As used in this chapter, the term: (1) `Applicant' means a prospective peace officer who has not commenced employment or service with a law enforcement unit. (2) `Candidate' means a peace officer who, having satisfied preemployment requirements, has commenced employment with a law enforcement unit but who has not satisfied the training requirement provided for in this chapter. (3) `Council' means the Georgia Peace Officer Standards and Training Council. (4) `Department head' means the head of any law enforcement unit. (4.1) `Detention facility' means a municipal or county jail used for the detention of persons charged with or convicted of a felony, a misdemeanor,

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or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release. (5) `Emergency peace officers' means any peace officers who are employed or appointed to act as peace officers during an emergency or disaster which has been so declared by the chief executive officer of the state and whose status as peace officers is intended to be temporary and for that limited purpose. (5.1) `Jail officer' means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility. (5.2) `Juvenile correctional facility' means a facility operated by the Department of Children and Youth Services and used for the detention of youth who are delinquent or who are alleged to be delinquent or a facility operated by the Department of Children and Youth Services used for the care, treatment, and rehabilitation of juvenile offenders. (5.3) `Juvenile correctional officer' means any person employed or appointed by the Department of Children and Youth Services who has the primary responsibility for the supervision and control of youth confined in its programs and facilities. (6) `Law enforcement support personnel' means persons, other than peace officers, whose primary employment with a law enforcement unit consists of performing functions directly related to the prevention, detection, or investigation of crime. (7) `Law enforcement unit' means: (A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime; (B) The Office of Permits and Enforcement of the Department of Transportation and the office or section in the Department of Children and Youth Services in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) The Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and

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who are employed or appointed by said department, board, or institutions. (8) `Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions. Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter. (9) `Retired peace officer' means a retired law enforcement officer who, prior to his or her retirement from service with the state or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A retired peace officer may be certified or registered upon voluntarily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classification; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof. (10) `School' means any school, college, university, academy, or training program approved by the council which offers basic law enforcement training and which consists of a combination of a course curriculum, instructors, and facilities. (11) `Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed

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under the name `Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name `radar,' or any similar device operating under the same or similar principle, which device is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the principle of radar. SECTION 2 . Said chapter is further amended by adding following Code Section 35-8-23 a new Code Section 35-8-24 to read as follows: 35-8-24. (a) (1) Any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council. (2) Any person employed or appointed as a juvenile correctional officer six months after the effective date of this Act shall not be authorized to serve as a juvenile correctional officer in any juvenile correctional facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for juvenile correctional officers approved by the Georgia Peace Officer Standards and Training Council. (b) Any person employed or appointed as a jail officer or juvenile correctional officer six months after the effective date of this Act shall have a period of six months from the date of initial employment to complete the required training course successfully. Any person who fails to complete such training course successfully within six months of the date of initial employment or appointment as a jail officer or as a juvenile correctional officer shall be prohibited from working as a jail officer in a detention facility or as a juvenile correctional officer in a juvenile correctional facility. (c) Applicants and persons certified under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph (9) of subsection (a) of Code Section 35-8-8 and peace officer training requirements applicable to peace officers only. (d) Persons employed or serving as jail officers or juvenile correctional officers whose employment or service commences prior to and continues

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on the effective date of this Act are exempt and excused from compliance with the certification provisions of this Code section. (e) Jail officers or juvenile correctional officers exempt from the certification provisions of this Code section are required to register with the council. The registration shall remain in effect for the period of time said person is employed as a jail officer or as a juvenile correctional officer. (f) Any registration granted in this Code section shall not become invalid upon termination of employment or appointment as a jail officer or juvenile correctional officer if subsequent employment or appointment as a jail officer or juvenile correctional officer is commenced within 12 months of such prior termination as a jail officer or a juvenile correctional officer. (g) Any jail officer or juvenile correctional officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such jail officer or juvenile correctional officer as equivalent to all or part of the instruction required for certification under this Code section. SECTION 3 . This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. EDUCATION NORTH GEORGIA COLLEGE ROTC GRANT PROGRAM; TUITION ASSISTANCE AMOUNT. Code Section 20-3-432 Amended. No. 404 (House Bill No. 287). AN ACT To amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Reserve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Reserve Officers' Training Corps grant program, is amended by striking in its entirety Code Section 20-3-432, relating to the amount of the tuition assistance granted to each eligible student, and inserting in lieu thereof the following: 20-3-432. There is granted to each eligible student attending North Georgia College the sum of $500.00 per academic quarter. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. REGULATION OF TELEPHONE SERVICE EXCHANGES IN 404 AREA CODE; CERTIFICATES OF AUTHORITY; INTERCONNECTION AMONG COMPANIES; RESALE OF SERVICES; ALTERNATIVE REGULATION OF RATES; UNIVERSAL ACCESS FUND; JURISDICTION OF PUBLIC SERVICE COMMISSION; PROHIBITED CONDUCT; PORTABILITY; CHARGES; INVESTMENT REPORTS; PENALITIES; HEARINGS; EXPANDED CALLING AREAS. Code Title 46, Chapter 5 Amended. No. 405 (Senate Bill No. 137). AN ACT To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide that certain local exchanges shall be included in the current 404 area code; to provide an exception; to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define certain terms; to provide for the conditions under which such alternative system of regulation shall be established; to provide for fair competition and consumer protection in the local exchange and intrastate telecommunications industry; to provide for technological investment in such industry and economic development for the State of Georgia; to provide for matters to be regulated under such regulatory system; to provide for the jurisdiction, powers, and duties of the Public Service Commission with respect to implementing such regulatory system; to authorize the Public Service Commission to petition, intervene, or commence proceedings

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before federal agencies or courts in furtherance of enhancing the competitive market for telecommunications services in Georgia; to provide for the applicability of the rules and regulations of the Public Service Commission; to authorize competition between local exchange companies under certain conditions; to authorize the reselling of local exchange services under certain conditions; to provide for interconnection between certificated providers; to provide procedures for interconnection; to authorize certain local exchange companies to make an election relative to alternative regulation; to provide for rates for switched access; to create a Universal Access Fund and to provide for contributions to and disbursements from said fund; to require local exchange companies to file certain information with the Public Service Commission; to provide limitations on local exchange companies which elect an alternative system of regulation; to provide for portability of telephone numbers; to provide restrictions on local measured telecommunications services; to provide that certain local exchange companies shall have an investment commitment; to provide for certain privacy with respect to telecommunications services; to provide that no provider of telephone caller identification service shall be held liable for violations of this Act committed by other persons or corporations; to require the Public Service Commission to report annually to the General Assembly concerning the transition to alternative regulation; to provide for applicability; to provide for other matters relative thereto; to require the Public Service Commission to conduct hearings relating to the costs, feasibility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other; to provide for a report of the commission's findings; to provide for the Public Service Commission to conclude its consideration in Docket 4231-U of the expansion of local calling areas; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding at the end of Article 1, relating to general provisions, a new Code Section 46-5-5 to read as follows: 46-5-5. Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geographic area of the 404 area code is designated as a different area code and such geographic area is contiguous to a part of the geographic area where local exchange 495 or 567 is operational, then nothing in this Code section shall prohibit local exchange 495 or 567 from being included in the newly designated area code.

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SECTION 2 . Said chapter is further amended by adding following Article 3 a new Article 4 to read as follows: ARTICLE 4 46-5-160. This article shall be known and may be cited as `The Telecommunications and Competition Development Act of 1995.' 46-5-161. (a) The General Assembly finds: (1) It is in the public interest to establish a new regulatory model for telecommunications services in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of needed telecommunications services at the most efficient pricing; (2) Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged through competition; and (3) In order to ensure the implementation of this new reliance on market based competition, any legislative obstacles to competition for local exchange services must be removed. (b) It is the intent of this article to: (1) Permit local exchange companies to elect alternative forms of regulation; (2) Protect the consumer during the transition to a competitive telecommunications market; (3) Assure reasonable cost for universal access to basic telecommunications services throughout Georgia; (4) Encourage investment in Georgia's telecommunications infrastructure and encourage the introduction of innovative products and services for Georgia's consumers; (5) Authorize competition for local exchange services; and (6) Allow pricing flexibility for all telecommunications services other than basic local exchange services. 46-5-162. As used in this article, the term:

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(1) `Alternative regulation' means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. (2) `Basic local exchange services' or `universal access local exchange services' mean the provision to residential and single line business customers in Georgia of services composed of a touch tone switched access line and dial tone, of a quality sufficient for two way voice and 9600 baud data/fax communications. This service shall include 1+ dialing for access to competitive providers of telecommunications services by January 1, 1997. The elements of universal access local exchange services are subject to subsequent review and modification by the commission. (3) `Caller identification service' means a type of telephone service which permits telephone customers to see the telephone number of incoming telephone calls. (4) `Commission' means the Georgia Public Service Commission. (5) `Electing company' means a local exchange company subject to the alternative regulation described in this article. (6) `Fund' means the Universal Access Fund created in Code Section 46-5-167. (7) `Gross domestic product-price index' or `GDP-PI' means the gross domestic product fixed weight price index calculated by the United States Department of Commerce. (8) `Interconnection service' means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company to originate or terminate telecommunications service. (9) `Local calling area' means the geographic area encompassing one or more local exchanges as described in commission orders or in maps, tariffs, and rate schedules reviewed and approved by the commission. (10) `Local exchange company' means a telecommunications company authorized to provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies: (A) Tier 1 companies are those companies with two million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and (B) Tier 2 companies are those companies with less than two million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission.

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(11) `Local exchange services' means services offered for the transmission and utilization of two-way interactive communications and associated usage with the local calling area. (12) `Local interconnection services' means that part of switched interconnection service provided for the purpose of originating or terminating a call which originates and terminates within the local calling area. (13) `Portability' means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service. (14) `Switched access' means that part of switched interconnection service provided for the purpose of originating or terminating a toll service. (15) `Switched interconnection service' means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem switches for the purpose of originating and terminating the telecommunications services of other telecommunications companies. (16) `Tariff' means the schedule or other writing filed with the commission that describes the rates, terms, and conditions of certain telecommunications services provided by the telecommunications company. (17) `Telecommunications company' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunications services to the public for hire. (18) `Telecommunications services' means the services for the transmission of two-way interactive communications to the public for hire. For purposes of illustration, the term `telecommunications services' includes without limitation local exchange services and interconnection services. (19) `Toll service' means the transmission of two-way interactive switched communications between local calling areas. (20) `Universal access provider' means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to reasonable requests for such service and which, in consideration of such obligation, may have its rates for local switched interconnection service established as provided in this article.

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46-5-163. (a) A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section 46-5-45 shall apply in circumstances where a telecommunications company is providing telecommunications services without a certificate issued by the commission. (b) The commission shall have the authority to issue multiple certificates of authority for local exchange services upon a showing to the commission that an applicant possesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective and shall be considered a certificate of authority under this article. A certificate is not required for a telecommunications company to provide commercial mobile services. The commission shall also have the authority to issue certificates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission. (c) A showing of public convenience and necessity is not a condition for issuing a competing certificate of authority. Prior to July 1, 1998, only a currently certificated Tier 2 local exchange company may be issued a certificate of authority to compete for service in an area serviced by an existing Tier 2 local exchange company. (d) Any certificate of authority issued by the commission is subject to revocation, suspension, or adjustment where the commission finds upon complaint and hearing that a local exchange company has engaged in unfair competition or has abused its market position. (e) The commission shall grant certificates of authority in a timely manner and all such proceedings on complaints regarding abuse shall be resolved in a timely manner. (f) All local exchange companies certificated by the commission shall be subject to the same rules and regulations applied by the commission to other local exchange companies certificated to provide local exchange services within the same area; provided, however, that in promulgating rules and regulations necessary to implement the provisions of this article, the commission may adopt rules and regulations for local exchange companies certificated after July 1, 1995, which vary from other rules and regulations applicable to the delivery of telecommunications services but which are appropriate and consistent to service being delivered by such local exchange companies and are adopted in the public interest. 46-5-164. (a) All local exchange companies shall permit reasonable interconnection with other certificated local exchange companies. This subsection

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includes all or portions of such services as needed to provide local exchange services. (b) The rates, terms, and conditions for such interconnection services shall not unreasonably discriminate between providers and shall be negotiated in good faith between the providers and filed with the commission. (c) In the event that such rates, terms, or conditions cannot be negotiated by the parties, the commission shall determine the reasonable rates, terms, or conditions for the interconnection services. (d) Such interconnection services shall be provided for intrastate services on an unbundled basis similar to that required by the FCC for services under the FCC's jurisdiction. (e) The commission is authorized to allow local exchange companies to resell the services purchased from other local exchange companies pursuant to rules determining when and under what circumstances such resale shall be allowed; provided, however, that the resale of basic local exchange services supported by the Universal Access Fund shall be limited to users and uses conforming to the definition of basic local exchange services set forth in paragraph (2) of Code Section 46-5-162. Any local exchange company or telecommunications company desiring to purchase or to resell services purchased from another local exchange company may petition the commission for the authorization to purchase or to resell such services. In cases where the purchase or resale of services purchased is authorized by the commission, the commission shall determine the reasonable rates, terms, or conditions for the purchase or resale of such local exchange services such that no local exchange company or telecommunications company gains an unfair market position. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this subsection no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition under this subsection. The commission, at its discretion or upon a petition filed by either party, may modify a ruling rendered under this subsection, provided that a petition for modification may not be filed more than once in any 18 month period. (f) The basic local exchange services of Tier 2 local exchange companies may be purchased by competing providers at the tariffed rate, provided such reselling does not result in the loss of intrastate or

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interstate revenues to the selling company for the individual service being resold. This subsection does not apply to Tier 2 local exchange companies that have switched access rates that are lower than or at parity with the same local exchange company's interstate switched access rates. (g) The commission shall have the authority to require local exchange companies to provide additional interconnection services and unbundling. 46-5-165. (a) Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunications services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a Tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced. (b) Any Tier 2 local exchange company may elect to have the rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request. (c) The alternative regulation under this article shall become effective on the date specified by the electing company but in no event sooner than 30 days after such notice is filed with the commission. (d) On the date a telecommunications company elects the alternative regulation described in this article, all existing rates, terms, and conditions for the services provided by the electing company contained in the then existing tariffs and contracts are deemed just and reasonable. 46-5-166. (a) An electing local exchange company shall have its rates for basic local exchange services determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business customers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to

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subsection (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section. (c) Rates for basic local exchange services may be adjusted by the electing company subject to an inflation based cap. Inflation shall be measured by the change in the GDP-PI. The electing company is authorized to adjust the cap on an annual basis. The cap requires that the annual percentage rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the preceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDP-PI minus 2 percentage points. (d) In the event the GDP-PI is no longer available, the commission shall elect a comparable broad national measure of inflation calculated by the United States Department of Commerce for its use. (e) The local exchange company shall set rates for all other local exchange services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Competing local exchange companies may resell local exchange services purchased from other local exchange companies. (f) (1) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. The rates for switched access shall be negotiated in good faith between the parties. In the event that the rates for switched access cannot be negotiated between the parties, any party may petition the commission to set reasonable rates, terms, or conditions for switched access. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this paragraph no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition for determination of rates for switched access that initiated the proceeding. (2) Each Tier 2 local exchange company shall, prior to July 1, 2000, adjust in equal annual increments its intrastate switched access

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charges to parity with its similar interstate access rates. The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corresponding interstate levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service funds, as may be necessary to recover those revenues lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjustments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be established pursuant to this Code section. In the event that the rates for switched access cannot be negotiated in good faith between the parties, the commission shall determine the reasonable rates for switched access in accordance with the procedures provided in paragraph (1) of this subsection. (g) In accordance with rules to be promulgated by the commission, any electing company shall file tariffs with the commission for basic local exchange services and other local exchange services that state the terms and conditions of such services and the rates as established pursuant to this Code section. 46-5-167. (a) The commission shall create a Universal Access Fund to assure the provision of reasonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commission as needed to assure that the fund operates in a competitively neutral manner between competing telecommunications providers. (b) The commission shall require all telecommunications companies providing telecommunications services within Georgia to contribute quarterly to the fund in a proportionate amount to their gross revenues from sale to end users of such telecommunications services as determined by rules to be promulgated by the commission. (c) The commission may also require any telecommunications company to contribute to the fund if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service provided in this state for which a contribution to the fund is required under this Code section. (d) Contributions to the fund shall be determined by the commission based upon estimates as to the difference in the reasonable actual costs

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of basic local exchange services throughout Georgia and the amounts established by law or regulations of the commission as to the maximum amounts that may be charged for such services. (e) Moneys in the fund shall be distributed quarterly to all providers of basic local exchange services upon application and demonstration that the reasonable costs as determined by the commission to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service. (f) The commission shall require any local exchange company seeking reimbursement from the fund to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of providing basic local exchange service throughout Georgia. (h) A local exchange company or other company shall not establish a surcharge on customers' bills to collect from customers' contributions required under this Code section. 46-5-168. (a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this article through rule-making proceedings and orders in specific cases. (b) The commission's jurisdiction shall include the authority to: (1) Adopt reasonable rules governing certification of local exchange companies; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Establish and administer the Universal Access Fund including modifications to the maximum allowable charge for basic local exchange service; (4) Adopt reasonable rules governing service quality;

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(5) Resolve complaints against a local exchange company regarding that company's service; (6) Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article; (7) Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article; (8) If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce; (9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and (10) Direct telecommunications companies to make investments and modifications necessary to enable portability. (c) The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the proceeding. (d) In conducting any rule-making proceeding under this article, the commission shall consider the following factors: (1) The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and (2) Requirements necessary to prevent any disadvantage or economic harm to consumers, protect universal affordable service, establish and maintain an affordable Universal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunications service. (e) Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications companies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article.

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(f) In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having specific jurisdiction over the regulation of telecommunications seeking to enhance the competitive market for telecommunications services within the state. 46-5-169. A company electing alternative regulation: (1) Shall comply with orders issued and rules adopted by the commission to implement the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article; (2) Shall not refuse any reasonable application for basic local exchange service; (3) Shall not give any unreasonable preference or advantage to any customer when providing telecommunications services; (4) Shall not, either directly or through affiliated companies, engage in any anticompetitive act or practice including but not limited to price squeezing, price discrimination, predatory pricing, or tying arrangements, as such terms are commonly applied in antitrust law; (5) Shall not cross-subsidize nonregulated or alternatively regulated services with revenue created by regulated services; (6) Shall not give any preference to affiliated companies; (7) Shall allow the resale of its services. Nothing in this Code section shall restrict a customer from authorizing an agent to order such services on its behalf; and (8) Shall not be required to seek regulatory approval of its depreciation rates or schedules. 46-5-170. Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the necessary modifications to allow portability of local numbers between different certificated providers of local exchange service as soon as reasonably possible after such portability has been shown to be technically and economically feasible and in the public interest.

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46-5-171. A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges based on the duration of a call or on the time of day that a call is made. This Code section does not prohibit a local exchange company from offering discounts based on the time of day that a call is made if the company also offers basic local exchange service at a rate permitted under Code Section 46-5-166. 46-5-172. A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment commitment of such Tier 1 company. 46-5-173. (a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification: (1) Intentionally disclose the unpublished telephone line identification to another person for purposes of resale or commercial gain; (2) Intentionally use the unpublished telephone line identification to solicit business; or (3) Intentionally disclose the unpublished telephone line identification through a computer data base, on-line bulletin board, or other similar mechanism. (b) Each intentional disclosure or use of an unpublished telephone line identification is a separate violation. A person other than a corporation who violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $5,000.00. A corporation that violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $50,000.00. (c) The commission shall promulgate rules to further establish privacy guidelines applicable to telecommunications services. (d) No provider of telephone caller identification service shall be held liable for violations of this article committed by other persons or corporations.

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46-5-174. The commission shall report to the General Assembly annually on the status of the transition to alternative regulation of telecommunications services in Georgia. SECTION 3 . The Public Service Commission shall be required to conduct at least three hearings in locations outside the metropolitan areas of the state and accept evidence as to the costs, feasibility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other. The methodology and analysis of the cost and feasibility of such toll free calling area shall be conducted under the supposition of an alternative system of regulation within the framework of Section 1 of this Act. The commission shall conduct such hearings prior to November 30, 1995, and shall report its findings to the General Assembly no later than December 31, 1995. The Public Service Commission shall conclude its consideration in Docket 4231-U of the expansion of local calling areas pursuant to its rules, including but not limited to all balloting and the formulation of an appropriate rate design, on or before January 1, 1996. The implementation of the expanded calling areas shall be completed on or before July 1, 1996. SECTION 4 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 5 . Section 2 of this Act shall become effective July 1, 1995. The other sections of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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HEALTH HOSPITAL AUTHORITIES; HEALTH CARE NETWORKS; CONTRACTS WITH DEPARTMENT OF MEDICAL ASSISTANCE; MANAGED HEALTH CARE; PARTICIPATING HEALTH CARE PROVIDERS. Code Section 31-7-75 Amended. No. 406 (House Bill No. 765). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that hospital authorities shall have the power to establish and operate health care networks; to arrange for the provision of health care services through such networks; to contract with the Department of Medical Assistance for the delivery of health care services in an efficient and cost-effective manner; to undertake other managed health care activities on a prepaid, capitation, or other reimbursement basis; to provide for limitations to such powers; to provide that any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such hospital plan or network which provides coverage for health care services which are within the lawful scope of his or her practice; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking paragraphs (25) and (26) of Code Section 31-7-75, relating to functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (25), (26), and (27) to read as follows: (25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; and to provide services and financial assistance to private not-for-profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens; (26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-72; and

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(27) To form and operate, either directly or indirectly, one or more networks of hospitals, physicians, and other health care providers and to arrange for the provision of health care services through such networks; to contract, either directly or through such networks, with the Department of Medical Assistance to provide services to Medicaid beneficiaries to provide health care services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other managed health care activities; provided, however, that for purposes of this paragraph only and notwithstanding the provisions of Code Section 33-3-3, as now or hereafter amended, a hospital authority shall be permitted to and shall comply with the requirements of Chapter 21 of Title 33 to the extent that such requirements apply to the activities undertaken by the hospital authority pursuant to this paragraph. No hospital authority, whether or not it exercises the powers authorized by this paragraph, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records unless otherwise authorized by law. Any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such a hospital plan or network which provides coverage for health care services which are within the lawful scope of his or her practice, provided that nothing contained in this Code section shall be construed to require any such hospital plan or network to provide coverage for any specific health care service. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. REVENUE AND TAXATION RETIRED FEDERAL EMPLOYEES; REFUND OF CERTAIN INCOME TAXES. Code Title 48, Chapter 2, Article 4 Enacted. No. 407 (House Bill No. 3). AN ACT To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for definitions; to provide for refund

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requests and procedures; to provide for rights and duties of persons making requests; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Administrative Hearings; to provide for automatic repeal of the foregoing provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows: ARTICLE 4 48-2-100. As used in this article, the term: (1) `Common fund' means the total dollar amount of reduced principal to be refunded with simple interest calculated pursuant to this article to eligible recipients. (2) `Eligible recipient' means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who was a resident Georgia taxpayer during that tax year, who failed to file a timely refund claim for that tax year pursuant to Code Section 48-2-35, and who did not qualify to receive a refund for that tax year pursuant to HB 90, if such Act is enacted and approved at the 1995 regular session of the General Assembly, notwithstanding the accord and satisfaction provisions of any other Act enacted and approved at the 1995 regular session of the General Assembly, specifically including, but not limited to, HB 90, if it is so enacted and approved, or any other law to the contrary. A retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 who qualifies for a refund for only some of those four years pursuant to the provisions of HB 90 may file a refund request under this article for any of those four years for which such retired federal employee did not receive a refund under HB 90 if such retired federal employee otherwise meets the qualifications specified under this article. (3) `Installment payments' means those payments of reduced principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article. (4) `Reduced principal' means an amount equal to 85 percent of the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state

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from retired federal employees who are eligible recipients under this article, which taxes were unconstitutional under the principles set forth in Davis v. Michigan , 489 U.S. 803 (1989). (5) `Refund request' means a written notice, whether on a Form 500 X or other appropriate written notice provided by the commissioner, which must be filed by the taxpayer with the department on or after November 1, 1995, and on or prior to December 15, 1995, for one or more of the tax years 1985, 1986, 1987, and 1988 in accordance with this article. (6) `Retired federal employees' means federal civil service employees and United States military personnel or their heirs or their estate or legal representative. (7) `Retirement income' means income which was taxed by the State of Georgia for tax years 1985, 1986, 1987, and 1988 and which taxes were unconstitutional under the principles set forth in Davis v. Michigan , 489 U.S. 803 (1989). 48-2-101. (a) The state shall pay refund requests to eligible recipients in the amount of the reduced principal paid by the eligible recipient for each year that the eligible recipient filed a refund request. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1996, 1997, 1998, and 1999 until the reduced principal and interest thereon have been paid in full. The state shall pay eligible recipients simple interest calculated at 7 percent from the date the income tax payment was due and payable by the eligible recipient until payment of the first installment payment due October 15, 1996. The state shall further pay to an cligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the reduced principal due that eligible recipient, plus accrued interest, until paid in full. (b) The total amount of the reduced principal and interest due the eligible recipients shall constitute a common fund. The state may pay refunds prior to the scheduled installment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the reduced principal and interest thereon due eligible recipients. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropriations Act. 48-2-102. (a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total

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amount of the common fund, the installment payment schedule, and the pro rata share annually estimated to be due the particular taxpayer who is an eligible recipient. The amount shown as the pro rata share for each eligible recipient shall separately disclose the amount of reduced principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice. (b) The written notice shall advise eligible recipients that negotiation of the first disbursement shall constitute a release and full accord and satisfaction for any and all refund requests for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan Dep't of Treasury , 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article. (c) An eligible recipient may decline to participate in the refund procedure under this article by providing written objection of same to the commissioner on or before 90 days from receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan , except as otherwise provided for in this article. (d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disbursement provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice. (e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the determination must be in writing and must be mailed to the last known address of the eligible recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings.

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(f) All other disputes pursuant to this article not involving questions regarding the specific refund due the eligible recipient shall be referred to the Office of State Administrative Hearings. Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the refund requests of eligible recipients under this article. Without limitation, the Office of State Administrative Hearings shall determine the validity and timeliness of individual refund requests. The Office of State Administrative Hearings shall also review the determination of the commissioner or the commissioner's designee as to the amounts due eligible recipients. (g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Superior Court of Fulton County. All appeals from the Office of State Administrative Hearings shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 48-2-103. (a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereafter. (b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eligible recipient may contest the setoff according to laws, policies, and procedures of the department. (c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as otherwise provided in this Code section. 48-2-104. Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title. 48-2-105. This article shall stand repealed and shall be null and void and of no effect with no further legislative action required on December 31,2000.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; ELIGIBILITY FOR BENEFITS; TIME FOR VESTING. Code Section 47-11-70 Amended. No. 408 (House Bill No. 484). AN ACT To amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the time for vesting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) In order for a judge of a probate court or an employee of the board to be eligible to receive retirement benefits under this chapter, such judge must have: (1) Served as a regularly qualified and commissioned judge of a probate court or as an employee of the board for at least four years, if he or she became a member before July 1, 1995, otherwise for eight years, during which time he or she complied with Code Section 47-11-40; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a judge of a probate court or as an employee of the board; (4) Attained the age of 60 years;

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(5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a judge of a probate court or as an employee of the board, whichever may occur last in point of time; and (6) Had his or her application for retirement approved by the board. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; SURVIVING SPOUSE DEFINED. Code Section 47-11-71.1 Amended. No. 409 (House Bill No. 483). AN ACT To amend Code Section 47-11-71.1 of the Official Code of Georgia Annotated, relating to spouses' benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to redefine a certain term; 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 47-11-71.1 of the Official Code of Georgia Annotated, relating to spouses' benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) As used in this Code section, the term `surviving spouse' means the person who was married to the probate judge or employee of the board on the date of the death of the judge or employee. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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CRIMINAL PROCEDURE DISPOSITION OF PERSONAL PROPERTY IN CUSTODY OF LAW ENFORCEMENT AGENCIES; ADVERTISEMENT AND SALE OF CERTAIN ITEMS IN LOTS. Code Section 1,7-5-54 Amended. No. 410 (House Bill No. 480). AN ACT To amend Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, so as to provide for the advertising and sale in lots of items valued at $75.00 or less; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following: (1) Except as otherwise provided in subsections (d) and (e) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final conviction in the case of property used as evidence, and which is no longer needed in a criminal investigation or for evidentiary purposes shall be subject to disposition by the law enforcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the

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legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided, however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CRIMES AND OFFENSES DEPOSIT ACCOUNT FRAUD; RESTITUTION OF AMOUNT OF INSTRUMENT AND COSTS OF COMPLAINT; COSTS BASED ON EVIDENCE; MINIMUM COSTS; MAXIMUM SERVICE CHARGE. Code Section 16-19-20 Amended. No. 411 (House Bill No. 425). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint; to change the amount of the service charge or bad instrument charge which may be collected if an instrument is not paid or is dishonored; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, is amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or

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citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence. SECTION 2 . Said Code section is further amended by striking subsection (j) in its entirety and inserting in lieu thereof a new subsection (j) to read as follows: (j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $25.00 or 5 percent of the face amount of the instrument, whichever is greater. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CRIMES AND OFFENSES AGGRAVATED STALKING. Code Section 16-5-91 Amended. No. 412 (House Bill No. 415). AN ACT To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace pursuant to Code Section 17-6-110 or who is in violation of a temporary protective order shall constitute the offense of aggravated stalking; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking in its entirety subsection (a) of Code Section 16-5-91, relating to aggravated stalking, and inserting in its place a new subsection (a) to read as follows: (a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. STATE GOVERNMENT STATE AUDITOR; STATISTICS REGARDING CERTAIN ARCHITECTURAL AND ENGINEERING FIRMS; VARIOUS PROVISIONS REGARDING CONTRACTS WITH DEPARTMENT OF TRANSPORTATION. Code Section 50-6-25 Amended. No. 413 (House Bill No. 328). AN ACT To amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provisions relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the Department of Transportation; to change the manner in which the amount of business awarded by the Department of Transportation is calculated; to provide that certain business awarded under Department of Transportation contracts shall be credited to subcontractors or joint-venture partners; to require the Department of Transportation to furnish certain information to the state auditor; to delineate by gross value at time of award those contracts and subcontracts which the Department of Transportation shall be required to report to the state auditor; to provide for contracts outstanding under which all services have not been performed; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking in its entirety Code Section 50-6-25, relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the state, and inserting in lieu thereof a new Code Section 50-6-25 to read as follows:

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50-6-25. (a) (1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on the effective date of this Code section under which all services have not been

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performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of the effective date of this Code section and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes. 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 19, 1995. LABOR AND INDUSTRIAL RELATIONS BOILER AND PRESSURE VESSEL SAFETY ACT; EXEMPTION FOR CERTAIN AUTOCLAVES. Code Section 34-11-7 Amended. No. 414 (House Bill No. 321). AN ACT To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 11 of Title 34, the Boiler and Pressure Vessel Safety Act, so as to provide that the provisions of such chapter shall not apply to autoclaves operated by any professional licensed in this state; 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 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 11 of Title 34, the Boiler and Pressure Vessel Safety Act, is amended by striking the word and at the end of paragraph (13); by striking the symbol . at the end of paragraph (14) and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of such subsection the following: (15) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. LOCAL BOARDS OF EDUCATION EXEMPTION FROM FEES AND ASSESSMENTS FOR COUNTY AND MUNICIPAL BUILDING PERMITS, INSPECTIONS, AND IMPACT FEES; SUNSET REPEALED. Code Section 20-2-261 Amended. No. 415 (Senate Bill No. 317). AN ACT To amend Code Section 20-2-261 of the Official Code of Georgia Annotated, regarding common minimum school facility requirements, so as to remove a certain provision providing for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-2-261 of the Official Code of Georgia Annotated, regarding common minimum school facility requirements, is amended by striking subsection (d) thereof and inserting in its place the following: (d) A local board of education shall be exempt from county and municipal assessments and fees for county and municipal building permits and inspections and exempt from county and municipal impact fees. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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COURTS ASSISTANCE OF SENIOR APPELLATE COURT JUSTICES OR JUDGES AND SENIOR JUDGES OF SUPERIOR COURTS; SERVICE; PRACTICES AND PROCEDURES. Code Sections 15-1-9.2 and 15-3-1 Amended. No. 416 (Senate Bill No. 279). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or judges; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-1-9.2, relating to requests for assistance of senior judges appointed pursuant to Chapter 8 or 9 of Title 47, and inserting in lieu thereof a new Code Section 15-1-9.2 to read as follows: 15-1-9.2. (a) As used in this Code section, the term `senior judge' means a judge of an appellate or superior court who has the status of a senior judge under Chapter 8 or 9 of Title 47 or Chapter 3A of this title. (b) The chief judge of any appellate or superior court of this state may make a written request for assistance to a senior judge. The request by the chief judge may be made if one of the following circumstances arise: (1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1. (c) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit.

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(d) Senior judges serving as judges of the appellate or superior court under this Code section or any other provision of law shall be compensated in the amount of $165.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge. SECTION 2 . Said title is further amended by adding at the end of Code Section 15-3-1, relating to composition of the Court of Appeals, divisions, how cases are heard, quorums, and location, a new subsection (g) to read as follows: (g) Assistance of other judges; procedure . Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Article 8 of Chapter 10 of Title 47. The judge whose case assignment is transferred to the additional judge shall not vote on the case. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; CERTAIN CONVICTIONS NOTED ON DRIVER'S RECORD; CERTAIN CONVICTIONS FORWARDED TO DEPARTMENT OF PUBLIC SAFETY BY COUNTIES OF 550,000 OR MORE PERSONS; REINSTATEMENT FEES. Code Sections 40-5-2, 40-5-53, and 40-5-57 Amended. No. 417 (House Bill No. 255). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the filing of convictions

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received by the department on a driver's record; to provide that courts shall forward certain convictions to the department; to conform the fee provided for in this provision for reinstatement of a license suspended for an accumulation of points to the fee otherwise provided for such reinstatements; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (c) of Code Section 40-5-2, relating to the keeping of driver's license records by the Department of Public Safety, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The department shall also file all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of Title 40, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under Title 40, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in paragraphs (1) and (2) of subsection (d) of this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest. SECTION 2 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 40-5-53, relating to when courts are to send licenses and reports of convictions to the department, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation

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of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25 for each report required to be forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25 fee as additional compensation. (c) Every court in each county of this state having a population of less than 550,000 according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25 for each report required to be forwarded; and in those cases where the clerk receiving such 25 fee is compensated solely on a fee basis, the clerk shall retain such 25 fee as additional compensation. In those cases where the clerk receiving such 25 fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk. SECTION 3 . Said chapter is further amended by striking subsection (f) of Code Section 40-5-57, relating to suspension of the license of a habitually dangerous or negligent driver for accumulation of points on a driver's record, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

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(f) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay the fee provided for in Code Section 40-5-84 for the return of his or her license. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; RESIDENT DEFINED; NOTICE OF CHANGE OF ADDRESS REQUIRED; CANCELLATION OF IDENTITY CARDS; LIMIT OF ONE IDENTITY CARD PER PERSON; SANCTIONS FOR UNLAWFUL USE OF LICENSE. Code Sections 40-5-1, 40-5-33, 40-5-50, 40-5-100, and 40-5-120 Amended. No. 418 (House Bill No. 254). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the definition of the term resident; to provide that notice of a change of name or address and application for a new license is mandatory; to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking paragraph (15) of Code Section 40-5-1 of the Official Code of Georgia Annotated, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof the following:

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(15) `Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident: (A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or (B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with legal authorization from the U.S. Immigration and Naturalization Service. SECTION 2 . Said chapter is further amended by striking Code Section 40-5-33, relating to providing notice to the Department of Public Safety of a name or address change, in its entirety and inserting in lieu thereof the following: 40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. SECTION 3 . Said chapter is further amended by striking Code Section 40-5-50, relating to the authority of the Department of Public Safety to cancel a driver's license, in its entirety and inserting in lieu thereof a new Code Section 40-5-50 to read as follows: 40-5-50. The department is authorized to cancel any driver's license or personal identification card issued by the Department of Public Safety pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card. SECTION 4 . Said chapter is further amended by adding at the end of Code Section 40-5-100, relating to issuance of identification cards, a new subsection (c) to read as follows:

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(c) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a driver's license from also possessing an identification card issued under this article. Each applicant for an identification card shall surrender any identification card or driver's license previously issued by any other state and any identification card previously issued by this state. Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction, be punished as provided for in Code Section 40-5-125. SECTION 5 . Said chapter is further amended by striking Code Section 40-5-120, relating to the unlawful use of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-120 to read as follows: 40-5-120. It is a misdemeanor for any person to: (1) Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or personal identification card issued pursuant to Code Section 40-5-100; (2) Fail or refuse to surrender to the department upon lawful demand any driver's license or personal identification card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or canceled; (3) Permit any unlawful use of a driver's license or personal identification card issued pursuant to Code Section 40-5-100 issued to such person; or (4) Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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GENERAL ASSEMBLY BUDGETARY RESPONSIBILITY AND OVERSIGHT COMMITTEE; MEMBERS; APPOINTMENT; EVALUATION OF STATE GOVERNMENT PROGRAMS. Code Sections 28-5-5 and 45-12-178 Amended. No. 419 (House Bill No. 233). AN ACT To amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provisions relating to the time of appointment of members of the committee; to provide for related matters; to amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, so as to authorize the Research Office of the Budgetary Responsibility Oversight Committee to perform certain oversight functions; 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 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of six members of the House of Representatives appointed by the Speaker of the House of Representatives and six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. SECTION 2 . Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (c) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University

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System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and the additional members of the Budgetary Responsibility Oversight Committee added by this Act may be appointed at any time on or after the effective date of this Act. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. LOCAL GOVERNMENT COUNTIES MAY PROVIDE EMPLOYMENT BENEFITS TO CERTAIN OFFICERS AND EMPLOYEES. Code Section 36-1-11.1 Amended. No. 420 (House Bill No. 217). AN ACT To amend Code Section 36-1-11.1 of the Official Code of Georgia Annotated, relating to the expenditure of funds for insurance and employment benefits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement benefits to elected or appointed county executive or judicial officers and employees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-1-11.1, relating to the expenditure of funds for insurance and employment benefits, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related

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employment benefits for members of the county governing authority and for elected or appointed county executive or judicial officers and employees and the personnel thereof, as well as the dependents and beneficiaries of such officials and personnel. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. LAW ENFORCEMENT OFFICERS AND AGENCIES UNAUTHORIZED USE OF CERTAIN NOMENCLATURE OR SYMBOLS RELATING TO DEPARTMENT OF PUBLIC SAFETY OR GEORGIA BUREAU OF INVESTIGATION. Code Title 35, Chapter 2, Article 4 Enacted. Code Title 35, Chapter 3, Article 5 Enacted. No. 421 (House Bill No. 212). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of Department of Public Safety and Georgia Bureau of Investigation nomenclature or symbols; to provide a statement of public policy; to provide short titles; to define certain terms; to provide procedures for seeking permission to use Department of Public Safety and Georgia Bureau of Investigation nomenclature or symbols; to authorize the commissioner of public safety or the director of investigation to grant permission to use such nomenclature or symbols under certain circumstances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil sanctions; to provide for the recovery of compensatory damages for certain violations; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with the Department of Public Safety, the State Patrol, or with a member thereof when in fact the individual or organization is not the Department of Public Safety, the State Patrol, the state police, nor a member thereof. Furthermore, the Department of Public Safety, which has

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provided quality law enforcement services to the citizens of this state since 1937, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to used the department's name or any term used to identify the department or its members without the expressed permission of the chief administrative officer of the department. The provisions of this Act are in furtherance of the promotion of this policy. (b) It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with the Georgia Bureau of Investigation or with an agent thereof when in fact the individual or organization is not the Georgia Bureau of Investigation nor an agent thereof. Furthermore, the Georgia Bureau of Investigation, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the bureau, its agents, and the citizens of this state. Therefore, no person or organization should be allowed to used the bureau's name or any term used to identify the bureau or its agents without the expressed permission of the director of investigation. The provisions of this Act are in furtherance of the promotion of this policy. SECTION 2 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 2, relating to the Department of Public Safety, a new Article 4 to read as follows: ARTICLE 4 35-2-80. This article shall be known and may be cited as the `Department of Public Safety Nomenclature Act of 1995.' 35-2-81. As used in this article, the term: (1) `Badge' means any official badge used by members of the Department of Public Safety, either in the past or currently. (2) `Commissioner' means the commissioner of public safety. (3) `Department' means the Department of Public Safety. (4) `Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.

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(5) `Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (6) `Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the commissioner that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. 35-2-82. Whoever, except with the written permission of the commissioner, knowingly uses the words `Georgia Department of Public Safety,' `State Patrol,' `State Police,' `State Highway Patrol,' `State Trooper,' or `State Patrolman' in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the department shall be in violation of this article. 35-2-83. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the department without written permission from the commissioner shall be in violation of this article. 35-2-84. Any person wishing permission to use either department nomenclature or symbols may request such permission in writing to the commissioner. The commissioner shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the commissioner does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-2-82 or 35-2-83 shall be in the discretion of the commissioner under such conditions as the commissioner may impose. If the commissioner denies such request and the person making such request reasonably believes that the commissioner has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person

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making the request to show that the request was improperly denied or limited. 35-2-85. Whenever there shall be an actual or threatened violation of Code Section 35-2-82 or 35-2-83, the commissioner shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation. 35-2-86. In addition to any other relief or sanction for a violation of Code Section 35-2-82 or 35-2-83, where the violation is willful, the commissioner shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the commissioner shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The commissioner shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator. 35-2-87. Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees. 35-2-88. Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense. SECTION 3 . Said title is further amended by adding at the end of Chapter 3, relating to the Georgia Bureau of Investigation, a new Article 5 to read as follows: ARTICLE 5 35-3-100. This article shall be known and may be cited as the `Georgia Bureau of Investigation Nomenclature Act of 1995.'

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35-3-101. As used in this article, the term: (1) `Badge' means any official badge used by agents of the Georgia Bureau of Investigation, either in the past or currently. (2) `Emblem' means any official patch or other emblem worn currently or formerly or used by the bureau to identify the bureau or its employees. (3) `Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (4) `Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. 35-3-102. Whoever, except with the written permission of the director, knowingly uses the words `Georgia Bureau of Investigation,' `GBI,' or `agent of the Georgia Bureau of Investigation' in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article. 35-3-103. Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the bureau without written permission from the director shall be in violation of this article. 35-3-104. Any person wishing permission to use either bureau nomenclature or symbols may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-3-102 or 35-3-103 shall be in the discretion of the director under such

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conditions as the director may impose. If the director denies such request and the person making such request reasonably believes that the director has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited. 35-3-105. Whenever there shall be an actual or threatened violation of Code Section 35-3-102 or 35-3-103, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation. 35-3-106. In addition to any other relief or sanction for a violation of Code Section 35-3-102 or 35-3-103, where the violation is willful, the director shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the director shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The director shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator. 35-3-107. Any person who has given money or any other item of value to another person due in part to such person's use of bureau nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees. 35-3-108. Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense.

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SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CIVIL PRACTICE ADVERTISEMENT OF JUDICIAL SALES; STREET ADDRESS OF REAL PROPERTY INCLUDED. Code Section 9-13-140 Amended. No. 422 (House Bill No. 182). AN ACT To amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to require that the street address of real property be included in such advertisement; 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 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) The sheriff, coroner, or other officer shall publish weekly for four weeks in some newspaper published at the county site, and if there is no newspaper published at the county site, then in any paper published in the county, or if there is no such paper published in the county, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In addition, in the case of real property, such advertisement shall include the street address of such real property.

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SECTION 2 . This Act shall become effective July 1, 1996. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CRIMINAL PROCEDURE ARREST; COMMITMENT HEARING NOTICE. Code Section 17-4-26 Amended. No. 423 (House Bill No. 119). AN ACT To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to change the provisions relating to notice to accused of time and place of commitment hearing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, is amended by striking in its entirety Code Section 17-4-26, relating to duty to bring persons arrested before judicial officer within 72 hours, and inserting in lieu thereof a new Code Section 17-4-26 to read as follows: 17-4-26. Every law enforcement officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within 72 hours after arrest. The accused shall be notified as to when and where the commitment hearing is to be held. An arrested person who is not notified before the hearing of the time and place of the commitment hearing shall be released. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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GENERAL ASSEMBLY LEGISLATIVE SERVICES COMMITTEE; MEMBERSHIP; QUORUM. Code Section 28-4-1 Amended. No. 424 (House Bill No. 60). AN ACT To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, so as to change provisions relating to the membership of the Legislative Services Committee; to provide for certain additional members of the committee; to change provisions relating to a quorum of the committee; 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 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, is amended by striking Code Section 28-4-1, relating to the Legislative Services Committee, and inserting in its place a new Code section to read as follows: 28-4-1. (a) There is created the Legislative Services Committee, hereinafter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairperson of the Appropriations Committee of the Senate, the chairperson of the Appropriations Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, the chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Banking and Financial Institutions Committee of the Senate, the chairperson of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The Speaker of the House of Representatives shall be chairperson of the committee, and the Secretary of the Senate shall be secretary of the committee. (b) The members of the committee shall receive no additional allowances for service on the committee while the General Assembly is in session; but, for each day spent in the performance of their duties under this chapter between sessions, the members shall receive the allowances

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authorized by law for legislative members of interim legislative committees. (c) The committee shall meet at least once during each calendar quarter. Additional meetings may be held upon the call of the chairperson or upon the call of a majority of the members of the committee. Nine members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairperson shall be entitled to vote on all matters requiring a vote of the committee. 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 19, 1995. STATE GOVERNMENT PEANUT DESIGNATED AS OFFICIAL GEORGIA STATE CROP. Code Section 50-3-70 Enacted. No. 425 (House Bill No. 124). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, for several decades, Georgia has been responsible for producing nearly 50 percent of the total United States peanut crop; and WHEREAS, over 50 percent of the peanuts used in the production of peanut butter comes from the State of Georgia; and WHEREAS, Georgia leads the nation in peanut exports, supplying nearly 60 percent of the United States export markets and contributing over $150 million to our nation's balance of trade. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new

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Code section at the end thereof, to be designated Code Section 50-3-70, to read as follows: 50-3-70. The peanut is designated as the official Georgia state crop. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CONSERVATION AND NATURAL RESOURCES TAX EXEMPTIONS REGARDING STONE MOUNTAIN MEMORIAL ASSOCIATION; EXCEPTIONS FOR CERTAIN FACILITIES, SERVICES, AND CHARGES; EXPENDITURE OF CERTAIN PROCEEDS; REPORTS. Code Section 12-3-219 Amended. No. 426 (House Bill No. 475). AN ACT To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes; to provide for expenditure of certain proceeds; to provide for reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, is amended by striking Code Section 12-3-219, relating to tax exemptions regarding the Stone Mountain Memorial Association, and inserting in its place a new Code Section 12-3-219 to read as follows: 12-3-219. (a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control,

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possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state. (b) (1) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48, notwithstanding any provision to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3, the `Georgia Alcoholic Beverage Code,' to the extent that either or both such taxes are levied. (2) Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 48-13-51 to the contrary: (A) The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which the total taxes collected under Code Section 48-13-51 exceed the taxes which would be collected at the rate of 3 percent; (B) The association shall expend the funds retained for the purposes of promotion and advertising of the project operated under the jurisdiction of the association from which the money was collected or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the project is operated as long as said promotion or advertising prominently features the project operated under the jurisdiction of the association; and (C) The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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SOCIAL SERVICES CHILD ABUSE REGISTRY; EXTENSIVE REVISION OF RELATED PROVISIONS; EVIDENCE; STATEMENT BY CHILD DESCRIBING ACT OF SEXUAL CONTACT OR PHYSICAL ABUSE. Code Title 49, Chapter 5, Article 8 Revised. Code Section 24-3-16 Amended. No. 427 (House Bill No. 155). AN ACT To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissible through the testimony of such other person under certain circumstances; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to change the provisions relating to definitions; to change the provisions relating to the investigation of child abuse reports and the reports regarding such investigation; to provide for notice and opportunity for hearing before alleged child abusers will have their names included on the child abuse registry; to provide for hearings and appeals; to provide for inclusion of names on such registry; to change the provisions relating to expungement of names from such registry; to authorize individuals to find out whether their names are included on such registry; to change the provisions relating to immunity from liability; to provide for effective dates; 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 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, is amended by striking in its entirety Code Section 24-3-16, relating to the admissibility of testimony as to a child's description of sexual conduct or physical abuse, and inserting in lieu thereof the following: 24-3-16. A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability.

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SECTION 2 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking Article 8 and inserting in its place the following: ARTICLE 8 49-5-180. As used in this article, the term: (1) `Abuse investigator' means the department, any local department of family and children services, law enforcement agency, or district attorney or designee thereof. (2) `Abuse registry' means the Child Protective Services Information System required to be established by Code Section 49-5-181. (3) `Abused' means subjected to child abuse. (3.1) `Alleged child abuser' means a person deemed to be an alleged child abuser pursuant to Code Section 49-5-183.1. (4) `Child' means any person under 18 years of age. (5) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; (C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; and (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an `abused' child.

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(6) `Confirmed' means that an investigation by an abuse investigator has revealed that there is equal or greater credible evidence that child abuse occurred than the credible evidence that child abuse did not occur. (6.1) `DFACS office' means the principal office of a county department of family and children services. (7) `Division' means the Division of Family and Children Services of the Department of Human Resources. (7.1) `Hearing office' means the Office of State Administrative Hearings created under Code Section 50-13-40. (8) `Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (8.1) `Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, analgenital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or public area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, public area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. `Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.

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(9) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (10) `Unconfirmed' means that an investigation by an abuse investigator has revealed that there is some credible evidence that child abuse occurred but there is not sufficient credible evidence to classify that child abuse as confirmed. (11) Reserved. (12) `Unfounded' means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred. 49-5-181. The division shall establish and maintain a central registry which shall receive all information regarding confirmed and unconfirmed cases of child abuse reported to the division pursuant to Code Section 49-5-183.1 and which shall be known as the `Child Protective Services Information System.' 49-5-182. The abuse registry shall be operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate prior reports of child abuse; and (2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183. (a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise shall make a written report to the DFACS office of any county in which the investigation was conducted. The investigator's report shall classify the child abuse alleged to have been committed by each person in the case as `confirmed,' `unconfirmed,' or `unfounded.' (b) The report to the DFACS office made pursuant to subsection (a) of this Code section shall also include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused;

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(2) Name, age, sex, race, social security number, and birthdate of the child's parents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person shown by some credible evidence to be the person who committed the child abuse. If there is equal or greater credible evidence that the person committed the abuse than the person did not commit the abuse, the person's name shall be listed as a 'confirmed'; otherwise, the person's name shall be listed as an `unconfirmed'; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination thereof. 49-5-183.1. (a) If a DFACS office pursuant to Code Section 49-5-183 receives an abuse investigator's report naming a person as having committed an act of child abuse classified as `confirmed' or `unconfirmed' in the report, the person so named shall be deemed to be an alleged child abuser for purposes of this article. (b) A DFACS office which, pursuant to Code Section 49-5-183, receives an investigator's report naming an alleged child abuser shall mail to each alleged child abuser so classified in such report a notice regarding such classification. The notice shall further inform such alleged child abuser of such person's right to a hearing and the procedures for obtaining the hearing. The hearing shall be for the purpose of an administrative determination regarding whether or not there was sufficient credible evidence of child abuse by the alleged child abuser to justify the investigator's classification of such abuse as 'confirmed' or 'unconfirmed.' In order to exercise such right, the alleged child abuser must file a written request for a hearing with the DFACS office which mailed the hearing notice within ten days after receipt of such notice. The written request shall contain the alleged child abuser's address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail. (c) A DFACS office which receives a timely written request for a hearing under subsection (b) of this Code section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provision of law, the hearing office shall conduct a hearing upon that request as provided in this Code section. That hearing shall be held and a decision rendered within 15 business days following receipt by that hearing office of the request for hearing. The hearing shall be conducted in the county of the DFACS office which transmitted the hearing request to the hearing office. That DFACS office, the investigator

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whose report and classification created the issues to be determined at such hearing, and the alleged child abuser so classified in that report shall all be notified by mail or by telephone of the time and place of the hearing and be given a reasonable opportunity to be heard on the issues. (d) At the conclusion of the hearing under subsection (c) of this Code section, the hearing office shall order that the alleged child abuser's name not be included in the abuse registry upon a finding that there is no credible evidence that such individual committed the child abuse alleged; otherwise, the hearing office shall order listing of the alleged child abuser's name on the abuse registry as confirmed if there is equal or greater credible evidence that such individual committed the abuse than such individual did not commit the abuse or as unconfirmed if there is some credible evidence that the alleged child abuser committed the alleged child abuse but not enough to classify the individual as confirmed. The general public shall be excluded from hearings of the hearing office held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection. (e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the alleged child abuser as provided in this Code section. The petition for appeal shall be filed within ten days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juvenile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the abuse registry and the juvenile court shall conduct the review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile court under this subsection shall not be subject to further appeal or review. (f) The DFACS office which notifies a person of that person's classification as an alleged child abuser and of that person's right to a hearing regarding that classification shall transmit to the division the investigator's report so naming such person unless that office receives a written request for such hearing within the time for making such request under subsection (b) of this Code section. If a timely request for hearing is received, the hearing office shall transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the juvenile court shall

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transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days following that decision. (g) No child under the age of 14 shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those contained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-3-16. 49-5-184. (a) If the division receives an investigator's report, hearing office decision, or juvenile court decision which finds credible evidence that an alleged child abuser has committed an act of child abuse which is confirmed or unconfirmed, the division shall include on the abuse registry the name and such classification of the alleged child abuser along with the investigator's report regarding such individual. (b) All identifying information in the abuse registry of cases classified as `unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. (c) Any person whose name appears in the abuse registry without a hearing having been held to determine whether or not there was sufficient credible evidence of child abuse by such person or a reasonable basis to justify such inclusion on the registry is entitled to a hearing for an administrative determination of that issue and whether or not expungement of the name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was conducted which resulted in such person's name being included in the abuse registry. (d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing under subsection (c) of this Code section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provisions of law, the hearing office shall conduct a hearing as provided in this subsection. A hearing shall be conducted upon that request within 60 days following its receipt by that hearing office. The procedures and standards for such hearing shall be substantially the same as those for administrative hearings under Code Section 49-5-183.1. Upon a finding that there is no credible evidence that the person who requested the hearing committed the child abuse which was the basis for including such person's name on the abuse registry, the hearing office shall order the division to expunge that name from the registry; otherwise, the hearing office shall not take any action regarding the inclusion of such person's name on the registry unless the

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office finds credible evidence of child abuse by such person which justifies a different classification of the named person than the classification shown on the registry, in which case the office shall order the appropriate classification to be shown by the division on the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection. (e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the person who requested the hearing as provided in this subsection. The appeal shall be filed within 30 days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juvenile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile court under this subsection shall not be subject to further appeal or review. 49-5-185. (a) Except as otherwise provided in subsection (c) of this Code section and subsection (b) of Code Section 49-5-186, only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be provided information relating to that case for purposes of using that information in such investigation. (b) The department shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. (c) A person may make a written request to any DFACS office to find out whether such person's name is included on the abuse registry. Upon presentation of a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether that person's name is included on the abuse registry and, if so, whether the report is classified as confirmed or unconfirmed, the date upon which the person's name was listed on the registry, and the county in which the investigation was conducted which resulted in such inclusion.

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49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter. (b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use in any court proceeding that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible. (c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor. 49-5-187. The department, each DFACS office, and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such information from the abuse registry as authorized by this article shall have no civil or criminal liability therefor. SECTION 3 . This section and Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date. SECTION 4 . Except as provided in Section 3 of this Act, this Act shall become effective on July 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. STATE PARKS HUNTING, TRAPPING, OR PURSUING WILDLIFE; PERMISSION; WEAPONS. Code Section 12-3-10 Amended. No. 428 (House Bill No. 200). AN ACT To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the use of state parks and prohibited acts therein, so as to

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provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park except under certain conditions approved by the commissioner of natural resources; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the use of state parks and prohibited acts therein, is amended by striking in its entirety subsection (1) and inserting in lieu thereof the following: (1) It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park, historic site, or recreational area, unless such activity involves the use of bows and arrows, primitive weapons, rifles, and shotguns and has been approved by prior written permission of the commissioner of natural resources or the commissioner's authorized representative. It shall also be unlawful to shoot into a park, historic site, or recreational area from beyond the boundaries of such park, historic site, or recreational area. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. GAME AND FISH LICENSES; SALE BY TELEPHONE; SPORTSMAN'S LICENSE; MIGRATORY GAME BIRDS; FEES; DEER CARCASSES. Code Title 27, Chapters 2 and 3 Amended. Code Section 27-2-3.1 Enacted. No. 429 (House Bill No. 277). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license; to amend certain provisions relating to hunter education courses; to require participation in a certain federal program as a prerequisite for hunting migratory game birds; to provide for certain license and permit fees; to provide certain requirements for transporting the carcass of a deer; to provide an exception; to provide certain requirements for accepting a deer carcass for storage or processing; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following paragraph (40) of Code Section 27-1-2, relating to definitions relative to game and fish, a new paragraph to read as follows: (40.1) `License' means any document, decal, stamp, permit, or temporary license identification number which authorizes the holder to participate in any activity regulated by the department and which is issued by the department; provided, however, that a temporary license number shall be a valid license for ten days from the date of issuance. SECTION 2 . Said title is further amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 27-2-2, relating to the issuance and sale of hunting, fishing, and trapping licenses, and inserting in lieu thereof the following: (5) Receive for himself or herself no more than 60 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that a telephone agent shall not receive any additional fee per license sold during a telephone transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call shall constitute a single transaction; and. SECTION 3 . Said title is further amended by striking in its entirety subsection (e) of Code Section 27-2-2, relating to the issuance and sale of hunting, fishing, and trapping licenses, and inserting in lieu thereof the following: (e) Prior to selling any license, except for a license sold over the telephone by an approved, bonded telephone license agent, each bonded license agent and each cash license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a bonded or cash license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the agent's authority

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until the agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the agent a hearing in the county of said agent's residence on the reasons for withdrawal. SECTION 4 . Said title is further amended by inserting immediately following Code Section 27-2-3 a new Code section to read as follows: 27-2-3.1. (a) The requirements in this title for procuring licenses for archery, big game, and small game hunting shall be satisfied by a resident who purchases an archery and firearms combination hunting license. Such license does not satisfy the obligation to obtain a wildlife management area stamp, an official Georgia waterfowl stamp, or a migratory bird stamp. (b) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program. (c) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to a license card carrier supplied by the department and completed with the applicant's name, address, telephone number, height, weight, date of birth, and hunter safety certification number. SECTION 5 . Said title is further amended by striking in their entirety subsections (a) and (e) of Code Section 27-2-5, relating to required hunter education courses, and inserting in lieu thereof, respectively, the following: (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 16 through 25 shall provide such certificate or other evidence to the issuing agent at the time of purchase of a hunting license. All persons required by this subsection to complete a hunter education course, by signing such license or by receiving a temporary license identification number, certify their compliance with this subsection. (e) Any person applying for a season nonresident hunting license may provide a certificate of completion or such other evidence of completion

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the department deems acceptable of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. Those persons applying for a nonresident hunting license other than a season nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. SECTION 6 . Such title is further amended by striking in its entirety Code Section 27-2-20, relating to federal migratory bird hunting and conservation stamps, and inserting in lieu thereof the following: 27-2-20. (a) It shall be unlawful to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp. (b) It shall be unlawful for any person required to obtain a hunting license as provided in Code Section 27-2-1 to hunt any migratory game bird, including brant, ducks, geese, swans, doves, rails, woodcock, snipe, gallinules, and coots, without participating in the federal Migratory Bird Harvest Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Georgia migratory bird stamp and the possession of the stamp affixed to a license card carrier while hunting migratory birds; provided, however, that anyone who purchases a sportsman's license need not possess a Georgia migratory bird stamp while hunting migratory game birds. SECTION 7 . Said title is further amended by striking in its entirety Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following: 27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Season $ 10.00 (B) Nonresident hunting license Season 59.00 (C) Nonresident hunting license Seven-day 25.00 (D) Hunting license, valid for residents and nonresidents One-day 5.50

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(E) Resident archery license Season 8.00 (F) Nonresident archery license Season 25.00 (G) Resident big game license Season 9.00 (H) Nonresident big game license Season 118.00 (I) Nonresident shooting preserve hunting license Season 12.00 (J) Commercial fox hunting preserve license Season 60.00 (K) Commercial fox breeder license Season 60.00 (L) Waterfowl stamp valid for residents and nonresidents Season 5.50 (M) Georgia migratory bird stamp Season Free (N) Resident archery and firearms combination hunting license Season 26.00 (2) Resident hunting/fishing license Season 18.00 (3) Resident sportsman's license Season 60.00 (4) Fresh-water fishing licenses: (A) Resident fishing license Season 9.00 (B) Nonresident fishing license Season 24.00 (C) Nonresident fishing license Seven-day 7.00 (D) Fishing license, valid for residents and nonresidents One-day 3.50 (E) Resident trout stamp Season 5.00 (F) Nonresident trout stamp Season 13.00

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(5) Trapping licenses: (A) Resident commercial trapping license Annual 30.00 (B) Nonresident commercial trapping license Annual 295.00 (6) Commercial fishing licenses: (A) Resident commercial fishing license Season 12.00 (B) Nonresident commercial fishing license Season 118.00 If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee has a nonresident commercial fishing license fee which substantially exceeds the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fee specified by this subparagraph, shall be authorized to increase the nonresident commercial fishing license fee, as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish commercially in that contiguous state. (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual 295.00 (B) Nonresident fur dealer license Annual 415.00 (C) Fur dealer's agent license Annual 180.00 (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual 10.00 (B) Wholesale fish dealer license Annual 59.00 (C) Resident game-holding permit Annual 5.00 (D) Commercial quail breeder permit Annual 30.00 (E) Scientific collecting permit Annual 50.00

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(F) Wildlife exhibition permit Annual 59.00 (G) Commercial shooting preserve license Annual 150.00 (H) Private shooting preserve license Annual 75.00 (I) Blanket commercial shooting preserve license Annual 500.00 (J) Commercial fish hatchery license Annual 59.00 (K) Catch-out pond license Annual 236.00 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident [Illegible Text] license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 50.00 (Q) Alligator hunting license Season 50.00 (R) Wild animal license Annual 236.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident [Illegible Text] dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (V) Resident sport bait shrimping license Season 5.00 (W) Nonresident sport bait shrimping license Season 75.00 (9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed

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$73.00 for nonresident permits, licenses, or stamps issued under this [Illegible Text] SECTION 8 . Said title is further amended by striking in its entirety Code Section 27-3-45, relating to the removal of a deer carcass from the place of killing without affixing a tag, and inserting in lieu thereof the following: 27-3-45. (a) It shall be unlawful for any person killing a deer to remove the carcass from the place of killing until such person records the date and the sex of the animal on the license card carrier with the appropriate big game license attached; provided, however, that a person hunting deer pursuant to the authorization provided by a license identification number may record such information on a piece of paper bearing the license identification number. Any information recorded by the holder of a license identification number shall transfer such information to the license card carrier furnished by the department immediately upon receipt of such carrier. A deer carcass not processed for consumption that is being transported by a person other than the person who killed the deer must be identified with the following written information attached to the deer: the name and address of the hunter who killed the deer, the date of the kill, and the county of the kill. Notwithstanding any other provision of this subsection, a deer killed on a wildlife management area or a national wildlife refuge managed hunt requiring checkout of harvested deer will be tagged at the check station with a special wildlife management area or refuge tag and is not required to be recorded on the license card carrier and does not count toward a hunter's season limit. (b) It shall be unlawful to obtain, possess, or otherwise use multiple sets of licenses or license card carriers for the purpose of circumventing the season bag limit for deer. SECTION 9 . Said title is further amended by striking in its entirety Code Section 27-3-46, relating to the failure to report the taking of a deer, which reads as follows: 27-3-46. It shall be unlawful for any person taking a deer in this state to fail to report that fact to the department within five days after the close of the season., and inserting in lieu thereof the following: 27-3-46. It shall be unlawful for any private or commercial cold storage or processing plant to take possession of a whole, intact, or field-dressed

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deer without first [Illegible Text] to the carcass a deer tag, which must include the hunter's name, the date, the county of the kill, and the sex of the animal. Such tag shall be completed prior to tagging a deer for storage or processing. After a deer is processed for consumption, the processor shall return the used tag to the department. SECTION 10 . Sections 1, 3, 4, and 5 of this Act shall become effective upon the Governor's approval of this Act or upon its becoming law without such approval. Sections 2, 6, 7, 8, and 9 of this Act shall become effective on April 1, 1996. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. TORTS LIMITATION ON LIABILITY FOR CERTAIN ACTS PERFORMED IN RELATION TO CATASTROPHIC ACTS OF NATURE. Code Section 51-1-29.2 Enacted. No. 430 (House Bill No. 530). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of persons acting in good faith to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature; to provide for other matters relative to the foregoing; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by adding, following Code Section 51-1-29.1, a new Code Section 51-1-29.2 to read as follows: 51-1-29.2. Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent, minimize, and repair injury and damage to property resulting from catastrophic acts of nature, including fire, flood, earthquake, wind, storm, or wave action, shall not be liable to any

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individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. SOCIAL SERVICES DEPARTMENT OF CHILDREN AND YOUTH SERVICES; DONATIONS AND GRANTS TO DEPARTMENT. Code Section 49-4A-7 Amended. No. 431 (House Bill No. 646). AN ACT To amend Code Section 49-4A-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Children and Youth Services, so as to provide for solicitation, acceptance, and use of donations, contributions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 49-4A-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Children and Youth Services, is amended in subsection (a) by striking the word and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting; and in place of the period, and by adding after paragraph (4) a new paragraph (5) to read as follows: (5) Solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995.

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INTEREST LOANS SECURED WHOLLY OR PARTIALLY BY REAL ESTATE; CONTRACTS REGARDING INTEREST ON CLAIM IN BANKRUPTCY. Code Section 7-4-17 Amended. No. 432 (Senate Bill No. 408). AN ACT To amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy; 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 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, is amended by striking Code Section 7-4-17, relating to applying debt payments first to interest, and inserting in its place the following: 7-4-17. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, shall be applied to the reduction of the principal. If the payment does not extinguish the interest then due, no interest shall be calculated on such balance of interest and interest shall be calculated only on the principal amount up to the time of the next payment. Notwithstanding the foregoing restrictions against charging interest on unpaid interest: (1) On loans having first priority on real estate and on loans secured by the pledge or assignment of instruments evidencing loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract; and (2) On loans secured by real estate or secured by real estate and other collateral, the parties by written contract may lawfully agree that, in the event of bankruptcy, the lender or creditor may include interest on its claim pursuant to the terms of the contract.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. CRIMES AND OFFENSES CHILD PROTECTION ACT OF 1995 ENACTED; CRUELTY TO CHILDREN; STATUTORY RAPE; CHILD MOLESTATION AND AGGRAVATED CHILD MOLESTATION; ENTICING A CHILD FOR INDECENT PURPOSES; SEXUAL EXPLOITATION OF CHILDREN. Code Title 16 Amended. No. 433 (House Bill No. 377). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, so as to provide for a short title; to increase the minimum periods of incarceration for cruelty to children, child molestation, and aggravated child molestation; to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes; to eliminate the possibility of probation of the sentence of a first time offender; to change the minimum age for offenses of child molestation; to increase the penalties for sexual exploitation of children; 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 Child Protection Act of 1995. SECTION 2 . Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, is amended by striking Code Section 16-5-70, relating to cruelty to children, in its entirety and inserting in lieu thereof the following: 16-5-70. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children when such person willfully

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deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (b) Any person commits the offense of cruelty to children when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. (c) A person convicted of the offense of cruelty to children as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. SECTION 3 . Said title is further amended by striking in its entirety Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new Code Section to read as follows: (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor. SECTION 4 . Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, in its entirety and inserting in lieu thereof the following: 16-6-4. (a) A person commits the offense of child molestation when he or she does any 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. (b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling

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to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudiction of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. SECTION 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows: (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. SECTION 6 . Said title is further amended by striking subsection (g) of Code Section 16-12-100, relating to sexual exploitation of children, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years and by a fine of not more than $100,000.00. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. (2) Any person who violates paragraph (8) of subsection (b) of this Code section shall be guilty of a misdemeanor.

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(3) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. REVENUE AND TAXATION INCOME TAX CREDIT FOR PHYSICIANS PRACTICING IN COUNTIES OF 65 OR FEWER PERSONS PER SQUARE MILE. Code Section 48-7-29 Enacted. No. 434 (House Bill No. 524). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for physicians who choose to practice in rural counties at rural hospitals under certain conditions; to provide for conditions and limitations; to provide for definitions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by striking Code Section 48-7-29, which reads as follows: 48-7-29. Reserved., and inserting in its place a new Code Section 48-7-29 to read as follows: 48-7-29. (a) As used in this Code section, the term: (1) `Rural county' means a county in this state that has 65 persons per square mile or fewer according to the United States decennial census of 1990 or any future such census. (2) `Rural physician' means a physician licensed to practice medicine in this state, who practices and resides in a rural county and primarily admits patients to a rural hospital and practices in the fields of family

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practice, obstetrics and gynecology, pediatrics, internal medicine, or general surgery. (3) `Rural hospital' means an acute-care hospital located in a rural county that contains fewer than 80 beds. (b) (1) A person qualifying as a rural physician shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount not to exceed $5,000.00. The tax credit may be claimed for not more than five years, provided that the physician continues to qualify as a rural physician. In no event shall the amount of the tax credit exceed the taxpayer's income tax liability, and any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (2) No physician who on July 1, 1995, is currently practicing in a rural county shall be eligible to receive the credit provided for in paragraph (1) of this subsection. No credit shall be allowed for a physician who has previously practiced in a rural county, unless, after July 1, 1995, that physician returns to practice in a rural county after having practiced in a nonrural county for at least three years. (c) The commissioner shall 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 and shall be applicable to all taxable years beginning on or after January 1, 1996. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. EDUCATION GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION; GEORGIA STUDENT FINANCE AUTHORITY; LEGISLATIVE FINDINGS AND PURPOSES; TERMS DEFINED; SERVICING OF EDUCATIONAL LOANS; PROOF OF RESIDENCY; EDUCATION GRANTS FOR CHILDREN OF CERTAIN GEORGIA NATIONAL GUARD MEMBERS. Code Title 20, Chapter 3 Amended. No. 435 (Senate Bill No. 363). AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise the

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legislative findings and statement of purpose of the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority; to change the definitions of certain terms; to authorize the Georgia Higher Education Assistance Corporation to contract for the servicing of educational loans and for the administration of any portion of the Georgia Higher Education Loan Program; to provide education grants to certain children of members of the Georgia National Guard who are killed, missing in action, or totally and permanently disabled while on active duty in the service of the United States or of this state and who are residents of this state; to define certain terms; to provide for the amount of grants contingent upon appropriations for such purpose; to provide for application for and approval of grants and renewals thereof; to provide for the administration of the program; to provide for effective dates; 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 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking subsection (a) of Code Section 20-3-231, relating to the legislative findings and purpose of the Georgia Higher Education Assistance Corporation, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Legislative findings . The General Assembly has determined that it is a valid public purpose to promote the educational level of achievement of citizens and persons in this state by creating the Georgia Higher Education Assistance Corporation, a public authority, as provided for in Part 2 of this article, for the purpose of establishing and administering an educational loan program in this state in such a manner as not to pledge the faith and credit of the state to the payment of such educational loans as may be guaranteed by the corporation. The General Assembly has determined that it is a valid public purpose to promote further the educational level of achievement of citizens and persons in this state by creating the Georgia Student Finance Authority, a public authority, as provided for in Part 3 of this article, for the purpose of providing educational scholarship, grant, and loan assistance to citizens and persons in this state, in large part by educational loans to be funded through the issuance of revenue bonds and other obligations by the authority in such a manner as not to pledge the faith and credit of the state to the payment of such bonds and obligations and to use further such bond funds to provide a form of secondary market for lenders in further support of the educational loan program of the state. The General Assembly finds that it is desirable and cost efficient and will permit greater coordination of state student aid programs; maximum utilization of available student aid funds; simplification of procedures for students, parents, and educational institutions; and possible prevention

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of frauds and abuses, and thereby better serve the public interests of the state if a maximum degree of centralization in the management and administration of the functions of the corporation and the authority is provided for; and, further, that although public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the corporation and by the authority for prescribed student aid purposes, such moneys may not be lawfully appropriated directly to the corporation nor the authority but must, in lieu thereof, be appropriated to an agency within the executive branch of state government for use by the corporation or the authority for such prescribed purposes. The General Assembly resolves, therefore, that in order to accomplish the foregoing essential and valid public purposes of the corporation as set forth in Part 2 of this article and of the authority as set forth in Part 3 of this article that it is necessary, essential, a valid public purpose, and within the meaning of the Constitution of Georgia to create the Georgia Student Finance Commission as an agency within the executive branch of state government for the purposes prescribed in this part. SECTION 2 . Said article is further amended by striking in its entirety Code Section 20-3-261, relating to legislative findings and the purpose of the Georgia Higher Education Assistance Corporation, and inserting in lieu thereof a new Code Section 20-3-261 to read as follows: 20-3-261. (a) Legislative findings . (1) The General Assembly finds that the growth and development of this state and nation have been and will undoubtedly remain strongly relate to the degree to which educational opportunities are provided to all of their citizens; recognizes that costs associated with postsecondary educational opportunities are substantial when considered in relation to the average earnings and wealth of most families and that such costs are in many cases prohibitive; and acknowledges that a need exists for a means whereby students and parents of students can obtain low-interest loans in a manner that will enable them to spread and thereby ease the immediate costs of such higher education and that an adequate guaranty, among other things, of such loans is essential to assure the accessibility of private loan funds to many students and parents of students. Accordingly, the General Assembly determined, as early as 1964, that such a means for the generation of private loan funds to citizens for postsecondary educational purposes could exist through the exercise of the powers, duties, and functions vested by the General Assembly in the Georgia Higher Education Assistance Corporation. The General Assembly now reaffirms that earlier determination. (2) The General Assembly further finds that substantial investments of public and private moneys have been made and will undoubtedly

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continue to be made in the construction, development, and operation of public and private postsecondary educational institutions; that such postsecondary educational institutions are of immense value to the state and nation in that they promote the general welfare and the economic and cultural development and prosperity of the state and nation and all their citizens; that it is in the public interest to sustain such institutions; and, therefore, that the provision of educational loan assistance to persons, and for and on behalf of persons, who desire to attend such educational institutions will be of substantial financial benefit to those institutions and will better ensure their continued economic viability and value to the state and nation. (3) The General Assembly further finds that since 1965 the United States has made similar findings and determinations; that through the enactment of various federal acts, the United States, secretary of education is authorized and directed to administer various programs providing for loans and grants to students and parents and to enter into agreements in support of local guaranty agencies, such as the corporation, that are administering at the local level an educational loan program and to provide partial federal financial support to such agencies and programs; and, further, that pursuant to such federal acts and such agreements, the secretary will reinsure certain educational loans that are guaranteed by the corporation; and that the secretary will pay certain federal interest subsidies and special allowances to the holders of such loans for and on behalf of the borrowers and certain other payments to the corporation in respect of such loan. (4) The General Assembly therefore determines that it is a valid public purpose to promote the educational level of achievement and the welfare and general prosperity of the state and nation, and the continued economic viability and value of postsecondary educational institutions by providing a means for the extension of educational loan credit to students and parents of students, for the servicing of such loans, and for the guaranty of such credit, among other things, and therefore finds and declares that continuation of the corporation and the carrying out of its corporate powers, duties, and functions as provided for in this part is in all respects a necessary and valid public purpose within the meaning of the Constitution of Georgia. (b) Purpose of corporation . The purpose of the corporation shall be to improve the higher educational opportunities of eligible students, so as to assure availability of the benefits of the federal acts and this part to eligible students and parents, schools, and lenders. SECTION 3 . Said article is further amended by striking paragraphs (8), (12), (13), and (21) of Code Section 20-3-262, relating to definitions applicable to the Georgia Higher Education Loan Program, and inserting in lieu thereof new paragraphs (8), (12), (13), and (21) to read as follows:

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(8) `Federal act' or `federal acts' means all provisions of federal statutes which provide federal funds for any financial aid purpose or for any activity related to student financial aid and federal statutes relative to programs of low-interest educational loans to students and parents administered in whole or in part by the secretary, including but not limited to the federal Higher Education Act of 1965 (P.L. 89-329), as amended, and all rules and regulations prescribed by the secretary pursuant thereto. (12) `Lender' means any entity located within or outside the state which is approved by the corporation pursuant to this part for purposes of the program, including the secretary, and including the Student Loan Marketing Association created by the federal act and the authority created by Code Section 20-3-313; provided, however, that each such entity shall have the right to be a lender only to the extent and upon such terms and for such purposes as may be prescribed by the corporation. (13) `Loan' or `educational loan' means an obligation representing advances of money by a lender to an eligible student or eligible parent evidenced by one or more promissory notes, on note forms prescribed by the corporation. In the event of the purchase and sale or the pledge or assignment of such loans or a participating interest in such loans, the term shall include contingent interests, security interests, pledges, commitments, choses in action, or other property interests in such loans. (21) `Student' or `eligible student' means a student who qualifies for an educational loan under this part. SECTION 4 . Said article is further amended by renumbering paragraphs (2) through (5) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation, as paragraphs (3) through (6), respectively, and by inserting immediately following paragraph (1) a new paragraph (2) to read as follows: (2) The corporation shall have the power to service or contract for the servicing of educational loans, including the servicing of such loans by the corporation on behalf of others, to contract in advance for the servicing of educational loans, and to contract for the performance by the corporation of any portion of the program;. SECTION 5 . Said article is further amended by striking Code Section 20-3-288, relating to proof of residency in this state, and inserting in lieu thereof a new Code Section 20-3-288 to read as follows:

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20-3-288. In accordance with the national scope and intent of the United States relative to educational loans as expressed in the federal act, lenders and the corporation are authorized to accept and rely upon a student's or parent's certification of his or her state of legal residence unless the lender or the corporation has and is aware of knowledge to the contrary. SECTION 6 . Said article is further amended by striking Code Section 20-3-311, relating to legislative findings and the purpose of the Georgia Student Finance Authority, and inserting in lieu thereof a new Code Section 20-3-311 to read as follows: 20-3-311. (a) Legislative findings . The General Assembly finds that the growth and development of this state and nation have been and will undoubtedly remain strongly related to the degree to which educational opportunities are provided to all of their citizens; recognizes that costs associated with postsecondary educational opportunities are substantial when considered in relation to the average earnings and wealth of most families and that such costs are in many cases prohibitive; and determines that it is a valid public purpose to promote the educational level of achievement and the welfare and general prosperity of the state and nation as a whole by creating the Georgia Student Finance Authority, a public authority, for the purpose of providing educational scholarship, grant, and loan assistance to students and their parents. The General Assembly further finds that substantial investments of public and private moneys have been made and will undoubtedly continue to be made in the construction, development, and operation of public and private postsecondary educational institutions; that such postsecondary educational institutions are of immense value to the state and nation in that they promote the general welfare and the economic and cultural development and prosperity of the state and nation and all their citizens; that it is in the public interest to sustain such institutions; and, therefore, that the provision of educational scholarship, grant, and loan assistance to persons who desire to attend such educational institutions will be of substantial financial benefit to those institutions and will better ensure their continued economic viability and value to the state and nation. The General Assembly therefore determines that public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the authority for the student aid purposes prescribed in this part and that the carrying out by the authority of its corporate powers, duties, and functions as provided for in this part is in all respects a necessary and valid public purpose within the Constitution of Georgia. (b) Purpose of authority . The purpose of the authority shall be to improve higher educational opportunities by providing educational scholarship, grant, and loan assistance as prescribed and as provided for in this part.

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SECTION 7 . Said article is further amended by striking paragraphs (8) and (13) of Code Section 20-3-312, relating to definitions applicable to the Georgia Student Finance Authority, and inserting in lieu thereof new paragraphs (8) and (13) to read as follows: (8) `Federal act' means all provisions of federal statutes which provide federal funds for any student financial aid purpose or for any activity related to student financial aid and federal statutes relative to programs of low-interest educational loans to students and parents administered in whole or in part by the secretary, including but not limited to the federal Higher Education Act of 1965 (P.L. 89-329), as amended, and all rules and regulations prescribed by the secretary pursuant thereto. (13) `Loan' or `educational loan' means an obligation representing advances of money by a lender to an eligible student or eligible parent evidenced by one or more promissory notes, on note forms prescribed by the corporation. In the event of the purchase and sale or the pledge or assignment of such loans or a participating interest in such loans, the term shall include contingent interests, security interests, pledges, commitments, choses in action, or other property interests in such loans. SECTION 8 . Said article is further amended by renumbering paragraphs (2) through (4) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, as paragraphs (3) through (5), respectively, and by inserting immediately following paragraph (1) a new paragraph (2) to read as follows: (2) To service or contract for the servicing of educational loans, including the servicing of such loans by the authority on behalf of others, to contract in advance for the servicing of educational loans, and to contract for the performance by the authority of educational loans;. SECTION 9 . Said article is further amended by adding following Subpart 9 of Part 3 a new Subpart 10 to read as follows: Subpart 10 20-3-480. As used in this subpart, the term: (1) `Approved school' means the same schools as enumerated in Code Section 20-3-391 relative to the state student incentive grant program.

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(2) `Eligible student' means a person 25 years of age or younger who has been a resident of this state for a period of at least 12 months immediately prior to the date of registration in an approved school, who remains a citizen of the state while receiving funds under this subpart, and who is a child of a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who is killed or missing in action or totally and permanently disabled while on active duty in the service of the United States or of this state, and who was a resident of the State of Georgia at the time he or she was killed, reported as missing in action, or totally and permanently disabled. If such student is the adopted child of any such member of the Georgia National Guard, such student must have been adopted in a final order of adoption prior to the date that such member was killed, reported as missing in action, or totally and permanently disabled. 20-3-481. (a) There is granted to each eligible student attending an approved school the sum of $2,000.00 per academic year. No person shall be eligible to receive grant assistance provided under this subpart in excess of $8,000.00. Grant assistance to eligible students under this subpart shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly. (b) Any person otherwise meeting the conditions of this subpart shall be eligible to receive a grant even though the accident or the event causing the death or missing in action status of such person's parent occurred prior to July 1, 1995. 20-3-482. (a) Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she remains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this subpart. (b) The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures

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for verifying the death or missing in action status of the applicant's parent. SECTION 10 . (a) Sections 1 through 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 9 of this Act shall become effective July 1, 1995. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1995. ARTHUR LANGFORD, JR., MEMORIAL PARKWAY DESIGNATED. No. 51 (Senate Resolution No. 44). A RESOLUTION Commending the late Senator Arthur Langford, Jr., and designating the Arthur Langford, Jr., Memorial Parkway; and for other purposes. WHEREAS, Arthur Langford, Jr., was a native son of Atlanta, Georgia; and WHEREAS, he was educated in the public schools of Atlanta and earned a bachelor's degree from nationally and historically renowned Morris Brown College; and WHEREAS, he entered and was ordained into the ministry early in his life; and WHEREAS, his passion and dedication towards the betterment of the human condition led him to form a famed youth-oriented organization committed to equality and justice; and WHEREAS, this dedication led him to serve the citizens of Georgia as a state senator for nearly a decade; and WHEREAS, he served tirelessly and consistently in his unabashed devotion to the concerns of the ordinary citizen; and WHEREAS, his service as a public official is marked with distinction and leadership, having served on the Appropriations and Consumer Affairs Committees of the Senate and serving as Chairman of the Corrections Committee and Vice-Chairman of the Urban and County Affairs Committee of the Senate; and WHEREAS, the life and works of Arthur Langford, Jr., are synonymous with public service.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the late Senator Arthur Langford, Jr., be commended for his tireless efforts in public service. BE IT FURTHER RESOLVED, that the stretch of highway located in Atlanta, Georgia, known as Lakewood Freeway be designated as the Arthur Langford, Jr., Memorial Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating such parkway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Senator Arthur Langford, Jr. Approved April 19, 1995. COMMUNITY BUSINESS DEVELOPMENT TASK FORCE CREATION. No. 52 (Senate Resolution No. 253). A RESOLUTION Creating the Community Business Development Task Force to coordinate and promote growth and business development efforts of rural, minority, and economically distressed communities of Georgia; and for other purposes. WHEREAS, the business development of communities is among the state's highest priorities; and WHEREAS, promotion, stimulation, development, and advancement of economic growth in undeveloped and economically distressed communities throughout the state and the promotion, stimulation, development, and advancement of business, prosperity, and the economic welfare of the entire state are necessary; and WHEREAS, encouragement and assistance through loans, grants, investments, or other business transactions in the location of small business and industry in this state and rehabilitation and assistance of existing small business and industry in limited resource communities are vital to Georgia; and WHEREAS, encouragement should be given to stimulation and assistance in the expansion of all kinds of community based small business activity which will tend to promote small business development and maintain the economic stability of the state; and

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WHEREAS, maximizing opportunities for employment and improvement of the standard of living of the citizens of this state is essential to the welfare of Georgia; and WHEREAS, an effort should be made to coordinate, at the state level, the existing network of business development entities throughout the state; and WHEREAS, all citizens and entities in this state should be encouraged to cooperate and act in conjunction with other organizations, public or private, in the promotion of industrial, commercial, agricultural, and recreational small business development in this state; and WHEREAS, ways and means to provide financing for the promotion, development, and conduct of all kinds of community based small business activity in the state are needed; and WHEREAS, there are numerous partnerships developing between community based groups, private enterprise, and other entities and designation of empowerment communities and empowerment zones by the federal government has provided an opportunity for more funding and generation of additional support; and WHEREAS, there is a need to identify community development organizations and parties and coordinate their efforts with governmental agencies and programs. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Community Business Development Task Force to be composed of three members of the Senate appointed by the President of the Senate, three members of the House of Representatives appointed by the Speaker of the House of Representatives, and three members appointed by the Governor. The President of the Senate shall designate one Senate appointee as a cochairperson and the Speaker of the House of Representatives shall designate one House appointee as a cochairperson. BE IT FURTHER RESOLVED that the task force shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the task force shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the task force makes a report of

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its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1995. The task force shall stand abolished on December 31, 1995. Approved April 19, 1995. EDDIE EAGLE GUN SAFETY PROGRAM OF THE NATIONAL RIFLE ASSOCIATION ADOPTION BY SCHOOL SYSTEMS URGED. No. 53 (House Resolution No. 293). A RESOLUTION Encouraging school systems in Georgia to adopt the Eddie Eagle Gun Safety Program of the National Rifle Association and commending the National Rifle Association for its development of this program; and for other purposes. WHEREAS, teaching children to act safely around firearms is a critical step in the ongoing effort to reduce the number of firearm related accidents among children; and WHEREAS, each year the National Rifle Association, with the assistance of more than 25,000 National Rifle Association certified firearms instructors, trains more than 750,000 persons in safe, responsible firearm ownership; and WHEREAS, it is the firm belief of the General Assembly and of the National Rifle Association that such training efforts are, to a major degree, responsible for the dramatic decline in gun related accidents among children 14 years of age and younger, a decline reported by the National Safety Council (1988 Accident Facts) to have been more than 50 percent in the past 15 years, during which time the number of firearms in the country has increased by more than 70 percent; and WHEREAS, the Eddie Eagle Gun Safety Program teaches the fundamentals of firearms safety to children in an effective and enjoyable way, communicating to them the lifesaving message offered by the program: If you see a gun: STOP! DON'T TOUCH. LEAVE THE AREA. TELL AN ADULT.; and WHEREAS, the Eddie Eagle Gun Safety Program is a nationally recognized firearms safety program that has reached over 6 million children since 1988; and WHEREAS, the Eddie Eagle Gun Safety Program was awarded the 1993 Outstanding Community Service Award of the National Safety Council; and WHEREAS, the General Assembly would like to encourage civic activism and volunteerism rather than impose new unfunded state mandates on local governments; and

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WHEREAS, the General Assembly encourages civic and community service organizations which are concerned about the safety and well-being of the children of our state to help provide funding for the Eddie Eagle Gun Safety Program at the local level. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body encourage the promotion of the National Rifle Association's Eddie Eagle Gun Safety Program to help prevent firearms related accidents and commend the National Rifle Association for its diligence and service in developing this program and making it available for use in our communities. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the State School Superintendent, who is encouraged to make this information available to local school systems, and to the Department of Education as a formal expression of the sentiment of the General Assembly. Approved April 19, 1995. STATE-WIDE TRAUMA RESPONSE SYSTEM PLAN CREATION DIRECTED. No. 54 (Senate Resolution No. 139). A RESOLUTION Directing the Division of Public Health of the Department of Human Resources, acting in consultation with the Georgia Trauma Advisory Council, to create a state-wide trauma response system plan; and for other purposes. WHEREAS, in 1992, 4,367 citizens of Georgia died as a result of injury or poisoning, with almost one-third of those deaths being the result of motor vehicle accidents; and WHEREAS, injury kills more people under age 45 than any other single cause and it is the fourth leading cause of death among all Americans, killing about 140,000 annually; and WHEREAS, each year more than 20,000 children under 19 years of age will die in the United States as a result of injury, an additional 30,000 will become permanently disabled as a result of brain injury, and for each death of a child due to injury, as many as 42 children are hospitalized and 1,120 children visit an emergency room; and WHEREAS, the average charge per hospital admission for a trauma patient is three times higher than that for a regular acute care admission and many

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hospitals that make up trauma systems are struggling to keep their centers open and almost 60 trauma centers closed between 1987 and 1991; and WHEREAS, an inclusive trauma care system incorporates every health care facility and service in a community in a system in order to provide a continuum of services for all injured persons who require care in an acute facility and where the injured person's needs are matched to the appropriate hospital resources; and WHEREAS, in areas where trauma care systems are established, timely and appropriate medical care reduces the possibility of death and disability of trauma victims; and WHEREAS, the federal government recognized the need for organized regional systems of trauma care to deal with this major public health problem by enacting and funding the Trauma Care Systems Planning and Development Act (Title XII of the U.S. Public Health Service Act); and WHEREAS, in 1993, Georgia was awarded a grant for state trauma system development under said Act and the Office of Trauma was created under the Division of Public Health and is supported by a broad-based multidisciplinary Georgia Trauma Advisory Council. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Division of Public Health of the Department of Human Resources is directed, acting in consultation with and having solicited advice from the Georgia Trauma Advisory Council, to develop and submit to the General Assembly and the Governor a plan for the triage, transport, and treatment of trauma victims which at a minimum addresses the following: (1) The magnitude of the trauma problem in Georgia and the need for a state-wide system of trauma care; (2) The structure and organization of a trauma care system for Georgia; (3) Prehospital care management guidelines for triage and transportation of trauma victims; (4) Trauma care system design and resources, including air transportation services and provision for interfacility transfer protocol development; (5) Guidelines for resources, equipment, and personnel within facilities treating major trauma victims; (6) Data collection and evaluation regarding system operation, patient outcome, and quality improvement; (7) Public information and education about the trauma care system; (8) Medical control and accountability;

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(9) Confidentiality of patient care information; (10) Cost of trauma in Georgia; (11) Recommendations for financial assistance of the trauma care system in Georgia, including, but not limited to, trauma care system management; and (12) Incentives for providers to participate in trauma care system development. BE IT FURTHER RESOLVED that such plan shall be submitted to the General Assembly and the Governor no later than 18 months after the adoption of this resolution. Approved April 19, 1995. CORPORATIONS REINSTATEMENT AFTER ADMINISTRATIVE DISSOLUTION; TIME FOR APPLICATION; NAME. Code Sections 14-2-1422 and 14-3-1422 Amended. No. 437 (Senate Bill No. 138). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to reinstatement of business and nonprofit corporations following administrative dissolution; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Code Section 14-2-1422, relating to reinstatement of a business corporation following administrative dissolution, and inserting in lieu thereof a new Code Section 14-2-1422 to read as follows: 14-2-1422. (a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of dissolution. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated;

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(3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporation's name no longer satisfies the requirements of Code Section 14-2-401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-2-401 and that has been reserved pursuant to Code Section 14-2-402. If the application for reinstatement contains a new corporate name, the articles of incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. (c) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, the Secretary of State shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-2-504. (d) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred. (e) This Code section shall apply to all corporations administratively dissolved under Code Section 14-2-1421 or any similar former statute, regardless of the date of dissolution. SECTION 2 . Said title is further amended by striking Code Section 14-3-1422, relating to reinstatement of a nonprofit corporation following administrative dissolution, and inserting in lieu thereof a new Code Section 14-3-1422 to read as follows: 14-3-1422. (a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of dissolution. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution;

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(2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporation's name no longer satisfies the requirements of Code Section 14-3-401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-3-401 and that has been reserved pursuant to Code Section 14-3-402. If the application for reinstatement contains a new corporate name, the articles of incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. (c) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, the Secretary of State shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-3-504. (d) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred. (e) This Code section shall apply to all corporations administratively dissolved under Code Section 14-3-1421 or any similar former statute, regardless of the date of dissolution. 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 20, 1995.

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LOCAL GOVERNMENT COUNTIES OF 550,000 OR MORE; AWARD OF CERTAIN CONTRACTS WITHOUT COMPETITION; COMPETITIVE SEALED PROPOSALS; NEGOTIATED CONTRACTS; CERTIFICATE OF INDEPENDENT PRICE DETERMINATION; EMERGENCY PROCUREMENT. No. 438 (Senate Bill No. 241). AN ACT To amend an Act creating and establishing a purchasing department in counties having a population of 200,000 or more, approved March 27, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equipment to be furnished may be awarded by the board of commissioners without competition under certain conditions; to authorize public letting by request for proposal, sole source procurement, or emergency procurement under certain conditions and procedures; to provide for records of such procurement; to provide for public notice; to require the governing authority of the county to make awards in the best interest of the county; to require that certain persons making competitive sealed proposals and competitive sealed bids shall provide a certificate of independent price determination; to provide duties for the purchasing department and purchasing agents; 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 . An Act creating and establishing a purchasing department in counties having a population of 200,000 or more, approved March 27, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, is amended by adding following Section 14 new Sections 14A, 14B, and 14C to read as follows: SECTION 14A. Notwithstanding any other provision of this Act, a contract may be awarded by the board of commissioners without competition when the county manager and the purchasing agent determine, in writing, upon recommendation of the user department and after the purchasing agent conducts a good faith review of available sources, that there is only one source for the required work, labor, or service to be done or the supplies, materials, or equipment to be furnished. The purchasing agent, in conjunction with the user department, shall conduct negotiations based upon written documentation and estimates provided in writing by the

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user department as to quality, price, delivery, and terms of performance. A contract shall be written based upon the negotiated terms and conditions. A record of all sole source procurement shall be maintained as a public record for a minimum of three years and shall list each contractor's name, the amount and type of each contract, a listing of the work, labor, or service to be done or the supplies, materials, or equipment to be furnished under each contract, and the identification number of each contract file. A separate record of sole source procurement shall be maintained as a public record for each fiscal year. SECTION 14B. When the county manager and the purchasing agent, upon written recommendation of the user department, determine that the use of competitive sealed bidding is not practicable or is not advantageous to the county, a contract may be entered into by the board of commissioners based on competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a written determination by the purchasing agent, upon recommendation by the user department and county manager, that the use of competitive sealed bidding is not practicable under the circumstances or is not in the best interests of the county in accordance with regulations promulgated by the board of commissioners; (2) Proposals shall be solicited through a request for proposal; (3) Adequate public notice of the request for proposal shall be given in the same manner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids, provided that there is no disclosure of any information derived from proposals submitted by competing offerors. A register of proposals received shall be prepared and made available for public inspection in the purchasing department; (5) The request for proposal shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposal and under policies and procedures to be developed by the county, discussions may be conducted by the purchasing agent, in conjunction with the user department, with reasonable offerors who submit proposals determined by the purchasing agent, and written recommendation of the user department, to be reasonably qualified for being selected for award; such discussions shall be for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Vendors who make offers, hereinafter referred to as offerors, shall be accorded fair and equal treatment with respect to any

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opportunity for discussion and revision of proposals; and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors; (7) The award shall be made by the board of commissioners to the responsible offeror whose proposal is determined, upon written recommendation by the county manager, the purchasing agent, and the user department, to be in the best interest of the county, taking into consideration price and the evaluation factors set forth in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract file shall contain the name and complete identification of the successful offeror and the basis, in writing, upon which the award is made; (8) When proposals are received from offerors pursuant to this section or when bids are received from bidders pursuant to Section 9 of this Act are unreasonable or unacceptable as to terms and conditions, or when the lowest responsible bid and offer exceeds available funds and it is determined in writing by the county manager and the purchasing agent, upon recommendations by the user department, that time or circumstances will not permit the delay required to resolicit competitive sealed bids and competitive sealed proposals, a contract may be negotiated and awarded by the board of commissioners pursuant to this section, provided that each responsible bidder or offeror who submitted a response to the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. The negotiated price shall be lower than the lowest responsible rejected bid and offer of any responsible bidder and offeror under the original solicitation, provided that the board of commissioners may reject all bids or proposals if it shall deem it in the best interest of the county to do so; (9) Within five days of the award of the contract, the purchasing agent shall publish the name of the successful bidder or offeror on public display in a conspicuous place in the purchasing department so that it may be easily seen by the public. The public notice shall also show the price or amount for which the contract was let; the work, labor, or service to be done; or the supplies, materials, or equipment to be furnished under the contract. All the information required to be placed on public display in a conspicuous place in the purchasing department shall also be recorded in a permanent book to be kept by the county in the purchasing department; such permanent record shall also contain information recording the names of persons whose bids or offers were rejected. Such records shall always be subject to public inspection upon written notice to the purchasing agent and subject to a reasonable response period by the county;

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(10) After contracts have been awarded, the purchasing agent shall certify to various user departments and agencies of the county government the sources of the work, labor, or service to be done or the supplies, materials, or equipment to be furnished by the contract; and (11) On all competitive sealed proposals and competitive sealed bids pursuant to Section 9 of this Act received or solicited by the county through its purchasing agent, the following certificate of independent price determination shall be signed and attached to the bid or proposal: `I certify that this bid or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same work, labor, or service to be done or the supplies, materials, or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder.' SECTION 14C. Notwithstanding any other provision of this Act, the purchasing agent, upon written recommendation by the user department and approval by the county manager, may make emergency procurement of work, labor, or service to be done or the supplies, materials, or equipment to be furnished when there exists a threat to public health, welfare, or safety; provided, however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis of the emergency and rationale for the selection of the particular contractor shall be included in the contract file. As soon as possible in such circumstances, a record of each such emergency procurement shall be made and shall set forth the contractor's name, the amount of payment and type of contract, a list of work, labor, or service to be done or the supplies, materials, or equipment to be furnished under the contract, and the identification number of the contract file; and such information shall be forwarded to the board of commissioners for ratification and be made a part of the minutes of the next scheduled meeting of the board of commissioners. 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 20, 1995.

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LABOR AND INDUSTRIAL RELATIONS EMPLOYER IMMUNITY FOR DISCLOSURE OF INFORMATION REGARDING EMPLOYEE'S JOB PERFORMANCE; EMPLOYEE AND EMPLOYER DEFINED. Code Section 34-1-4 Amended. No. 439 (House Bill No. 297). AN ACT To amend Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job performance, so as to include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions and their employees within the provisions of said Code section; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job performance, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 34-1-4 to read as follows: 34-1-4. (a) As used in this Code section, the term: (1) `Employee' means any person who is employed by a bank, a licensed home care provider, a home health agency, a savings and loan association, credit union, a hospital, health care institution, school, day care center, or other child care institution. (2) `Employer' means a bank, a licensed home care provider, a home health agency, savings and loan association, credit union, a hospital, health care institution, school, public health facility, day care center, or other child care center. (b) An employer as defined in subsection (a) of this Code section or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered

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confidential according to applicable federal, state, or local statute, rule, or regulation. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PROFESSIONS AND BUSINESSES CHIROPRACTORS; GEORGIA BOARD OF CHIROPRACTIC EXAMINERS; REGULATION OF CHIROPRACTIC. Code Title 43, Chapter 9 Amended. No. 440 (Senate Bill No. 367). AN ACT To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to the terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provisions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions; to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Sections 43-9-2, 43-9-3, and 43-9-4, relating to the composition of the Georgia Board of Chiropractic Examiners, terms of office of members of such board, and meetings of such board, respectively, and inserting in their respective places the following: 43-9-2. (a) There is created and established a board to be known as the Georgia Board of Chiropractic Examiners. The board shall be composed of five practicing chiropractors who shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. Such members shall be of good moral character, residents of the state, and graduates of chartered chiropractic schools or colleges requiring actual attendance in same and shall have practiced chiropractic continuously and resided in the state for a period of at least five years.

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(b) The board shall, in addition to the five members provided for in subsection (a) of this Code section, consist of a sixth member who shall be appointed by the Governor from the public at large and who shall not be in any way connected to practicing chiropractic. The initial term for such member shall expire June 30, 1983; successors appointed on or after July 1, 1995, shall be appointed for a term of five years. (c) On or after July 1, 1995, not more than one member of the board shall be appointed who resides in any one congressional district, with the exception of the member appointed from the public at large. Board members appointed on or after July 1, 1995, shall be appointed for terms of five years and may be appointed to serve for no more than two consecutive five-year terms in addition to any unexpired term of office that member may have filled. 43-9-3. (a) The members of the board provided for in subsection (a) of Code Section 43-9-2 shall be so classified by the Governor that the terms of office of two shall expire in one year, two in two years, and one in three years from the date of appointment. Annually the Governor shall appoint, to fill vacancies in the five professional positions on the board, licensed practitioners who possess the qualifications specified in subsection (a) of Code Section 43-9-2 to serve for a period of five years. (b) The Governor shall fill vacancies in the board caused by death or otherwise as soon as practicable. Such appointees shall serve for the unexpired term of the member whose vacancy is being filled. Before appointing the members of the board, the Governor shall satisfy himself that the appointees are of high character and standing and possess the other qualifications prescribed in this chapter. 43-9-4. The board shall meet at such times as the board determines necessary for the performance of its duties. Called meetings shall be authorized at the discretion of the president. The board shall adopt a seal, which shall be affixed to all licenses issued and shall from time to time adopt such rules and regulations as it deems proper and necessary for the performance of its duties. The board shall elect annually a president and a vice president. Immediately before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue a certificate of appointment to each member. SECTION 2 . Said chapter is further amended by adding at the end of Code Section 43-9-7, relating to qualifications for examination, a new subsection to read as follows:

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(f) A student enrolled in the last academic year of a chiropractic school or college meeting the requirements of this chapter as set forth in subsection (d) of this Code section may, at the discretion of the board, take the examination as required in Code Section 43-9-8; provided, however, that such student has successfully completed all other requirements for application for licensure as established either by this chapter or by board rule. Such a student who successfully passes the examination shall not be eligible for licensure until all of the requirements of application for licensure established by this chapter or board rule are met. SECTION 3 . Said chapter is further amended by adding immediately following Code Section 43-9-7 new Code sections to read as follows: 43-9-7.1. The board may, at its discretion, issue a temporary license without examination to an applicant who is a holder of a valid license in good standing in another state which was obtained by examination. Such a temporary license shall be issued under the following provisions: (1) The temporary license shall be valid for a maximum of 12 months from the date of issuance but shall automatically expire within the 12 month period when the temporary license holder: (A) Is granted a regular license; or (B) Does not take and pass the next available examination following the grant of such temporary license, in which event the license expires upon the notification of the results of that examination; and (2) The practice of chiropractic pursuant to the temporary license shall only be performed under the supervision and direction of a board approved licensed doctor of chiropractic. The holder of a temporary license shall be subject to all of the laws and rules of this state pertaining to the practice of chiropractic. The granting of a temporary license shall not be prima-facie evidence that the holder meets minimum basic requirements for examination by the board or for the issuance of a regular license. 43-9-7.2. Nothing in this chapter shall be construed as preventing or prohibiting the practice, services, or activities of: (1) Any person pursuing a course of study leading to a doctor of chiropractic degree, postgraduate training, or training as a chiropractic assistant, which is approved by the board as provided for in this chapter, if such person is designated by a title indicating student status, is fulfilling clinical training requirements for the attainment of

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a degree or certificate, and is under the supervision of a chiropractor licensed under this chapter and approved by the board; (2) Any person licensed to practice chiropractic in this or another state who is employed as a professor or instructor by a chiropractic school or college located in this state or who is enrolled in or teaching a course of study designed to develop chiropractic clinical skills when chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college, as provided for in Code Section 43-9-7, or other educational program as may be approved by the board. Such practice shall be conducted under the supervision of a licensed chiropractor approved by the board. No such person shall be authorized to provide chiropractic services outside of the scope of the educational program and setting, nor shall such a person perform, or supervise the performance of, any chiropractic service provided on a fee-for-service basis without having first obtained a license in accordance with this chapter. The board shall have the authority to promulgate rules relative to such practice; (3) A chiropractor licensed in good standing in any other state, territory, or other jurisdiction of the United States or of any other nation or foreign jurisdiction if that person is employed or designated in their professional capacity by a sports or performing arts entity visiting the state for a specific sports or performing arts event subject to the following restrictions: (A) A chiropractor's practice under this paragraph is limited to the members, coaches, and staff of the team or event for which that chiropractor is employed or designated, and such practice shall only occur at the designated venue of the event; and (B) Any chiropractor practicing under the authority of this paragraph may utilize only those practices and procedures authorized by this chapter and approved by board rule; and (4) Nothing in this chapter shall prohibit any person from assisting a duly licensed chiropractor in the practices and procedures so authorized by this chapter, excluding the adjustment of the articulations of the human body, provided such person is under the direct order and supervision of a duly licensed doctor of chiropractic who is physically present in the facility or office. SECTION 4 . Said chapter is further amended by striking Code Section 43-9-18, relating to statutory construction, and inserting in its place the following: 43-9-18. Nothing in this chapter shall be construed to: (1) Prohibit any other licensed health care professional from practicing within the scope of that person's license; or

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(2) Permit any person not licensed or authorized under this chapter to engage in the practice of chiropractic. SECTION 5 . Said chapter is further amended by striking Code Section 43-9-19, relating to penalties, and inserting in its place the following: 43-9-19. It shall be unlawful for any person to practice chiropractic unless that person shall have first obtained a license as provided in this chapter and possesses all the qualifications prescribed by the terms of this chapter. Any person who practices or attempts to practice chiropractic without a license, or who buys or fraudulently obtains a license to practice chiropractic, or who violates any of the terms of this chapter, or who uses the title `doctor of chiropractic,' `chiropractor,' `chiropractic,' `D.C.,' or any word or title to induce the belief that such a person is engaged in the practice of chiropractic, without first complying with this chapter, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00, or by imprisonment for not less than two nor more than five years, or both, at the discretion of the court. All subsequent offenses shall be separate and distinct offenses, and punishable in like manner. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. GEORGIA SAFE DAMS ACT OF 1978 EXEMPTION FOR DAMS CONSTRUCTED OR FINANCIALLY ASSISTED BY AGENCIES OF FEDERAL GOVERNMENT. Code Section 12-5-372 Amended. No. 441 (Senate Bill No. 385). AN ACT To amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Safe Dams Act of 1978, so as to extend a certain exemption from such Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Safe Dams Act of 1978, is amended

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by striking in its entirety subparagraph (B) of paragraph (4) and inserting in lieu thereof the following: (B) The word `dam' shall not include: (i) Any dam owned and operated by any department or agency of the United States government; (ii) Any dam constructed or financially assisted by the United States Soil Conservation Service or any other department or agency of the United States government when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam; provided, however, that this exemption shall cease on November 1, 2000, only if funds are specifically appropriated on or before November 1, 1995, for purposes of inspection, reconstruction, and financial assistance with respect to such dams in an appropriations Act making specific reference to this division; otherwise this exemption shall cease on November 1, 1995, all such dams over which the supervising federal agency has for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency; (iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (iv) Any dam classified by the director as a category II dam pursuant to Code Section 12-5-375, except that such category II dams shall be subject to the provisions of this part for the purposes of said Code Section 12-5-375 and for the purposes of subsection (b) of Code Section 12-5-376; or (v) Any artificial barrier which is not in excess of six feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-feet regardless of height. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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CRIMINAL PROCEDURE AGGRAVATED STALKING; BAIL; APPEAL BOND. Code Section 17-6-1 Amended. No. 442 (House Bill No. 413). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offense of aggravated stalking shall be bailable only before a judge of the superior court; to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (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; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; (10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole

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with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection; and (11) Aggravated stalking. SECTION 2 . Said Code section is further amended by striking in its entirety subsection (g) and inserting in lieu thereof the following: (g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated 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 seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime 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 or application for writ of certiorari unless the court in which the petition or application is filed so specifies. SECTION 3 . This Act shall be applicable to acts committed on or after July 1, 1995. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. HIGHWAYS, BRIDGES, AND FERRIES LENGTHS OF CERTAIN VEHICLES AND LOADS. Code Section 32-6-24 Amended. No. 443 (House Bill No. 511). AN ACT To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to provide that the length of certain loads of wood products may exceed the length of 60 feet; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, is amended by striking paragraph (2) of

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subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2)(A) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end. A single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. (B) Loads of unprocessed forest products, including but not limited to poles, logs, pilings, and lumber, whether they are single pieces or pieces loaded end to end or overlapping, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The rear extremity of each load shall be marked with warning flags which meet the requirements set forth in Code Section 40-8-27. Additionally, loads moved at night must be equipped with a red marker light at the rear extremity of such load as provided in Code Section 40-8-27 or with an amber strobe light. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. REVENUE AND TAXATION SALES AND USE TAX EXEMPTIONS FOR OFF-ROAD EQUIPMENT AND RELATED ATTACHMENTS USED IN GROWING OR HARVESTING TIMBER. Code Section 48-8-3 Amended. No. 444 (House Bill No. 567). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment; to remove the requirement for prior certification; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking paragraph (29.1), and inserting in its place a new paragraph (29.1) to read as follows:

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(29.1) The sale or use of any off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing or harvesting of timber and which are used exclusively in site preparation, planting, cultivating, or harvesting timber. 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. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvestors, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, and motor graders and the related attachments;. 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 20, 1995. CIVIL PRACTICE ADVERTISEMENT OF JUDICIAL SALES; RATES FOR LEGAL ADVERTISEMENTS. Code Section 9-13-143 Amended. No. 445 (House Bill No. 581). AN ACT To amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide for changes in the statutory rates for legal advertising; to provide that certain procedures for computing and charging statutory rates for legal advertising shall be clarified; 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 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, is amended by striking Code Section 9-13-143, relating to rates for legal advertisements, and inserting in its place a new Code Section 9-13-143 to read as follows:

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9-13-143. (a) The rates to be allowed to publishers for publishing legal advertisements shall be as follows: (1) For each 100 words, not more than the sum of $10.00 for each insertion for the first four insertions; (2) For each subsequent insertion, not more than the sum of $9.00 per 100 words. In all cases fractional parts shall be charged for at the same rates. (b) For the purpose of the computation in subsection (a) of this Code section, a block of numbers or a block of letters and numbers shall be counted as one word. If the block of numbers or letters or any combination thereof contains a hyphen, a semicolon, a colon, or other similar character or punctuation mark, the block shall still be counted as one word, provided there are no intervening spaces. When an intervening space does occur, this space shall mark the start of a new word. (c) No judge of the probate court, sheriff, coroner, clerk, marshal, or other officer shall receive or collect from the parties, plaintiff or defendant, other or greater rates than set forth in this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PROPERTY GEORGIA LAND SALES ACT AMENDED; COMPREHENSIVE REVISION. Code Title 44, Chapter 3, Article 1 Revised. No. 446 (House Bill No. 621). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehensively revise the Georgia Land Sales Act; to delete certain definitions; to define an additional term; to remove the Georgia Real Estate Commission as administrator of said Act; to repeal certain provisions relating to registration statements and accompanying documents; to provide that any person offering to sell any subdivided land shall be required to provide each prospective purchaser a property report; to provide for the contents of property reports; to require subdividers to make certain documents available to purchasers; to provide that property reports shall not be used for advertising except under certain conditions; to provide that where lots or parcels within a subdivision are subject to a blanket encumbrance, the developer shall ensure certain provisions in the

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blanket encumbrance evidencing subordination of the lien of holders thereof to the right of purchasers from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property; to require the subdivider to keep certain records which shall be open to inspection; to provide for property descriptions; to provide for sales contracts; to provide for amendments to property reports upon certain occurrences; to provide certain exemptions from the provisions relating to property reports and other documents involving the sale of subdivided land; to repeal the provisions relating to fees and expenses of the Georgia Real Estate Commission; to repeal the provisions relating to the issuance of stop orders denying registration; to repeal the provisions relating to the administration of said Act by the Georgia Real Estate Commission and the real estate commissioner; to repeal the provisions relating to investigations by the Georgia Real Estate Commission; to change the provisions relating to violations of said Act; to provide that it shall be unlawful for any person to make to any prospective purchaser any representation that any governmental agency has passed in any way upon the truthfulness, completeness, or accuracy of a property report, upon the merits of such land, or has recommended or given approval to such land or transaction; to repeal the provisions relating to denial of application, reprimand, suspension, civil penalty, or revocation of registration; to repeal certain provisions relating to enforcement by the Georgia Real Estate Commission; to provide for enforcement by the Attorney General or a district attorney; to provide for injunctive relief; to change the provisions relating to venue; to repeal the provisions relating to hearings and judicial review in accordance with the Georgia Administrative Procedure Act; to repeal the provisions relating to the authority of the Georgia Real Estate Commission to reprimand, suspend, or revoke registration or impose a civil penalty; to repeal the provisions relating to cease and desist orders; to change the provisions relating to business records required; to repeal the provisions relating to consent to service; to repeal the provisions relating to immunity of the real estate commissioner and the Georgia Real Estate Commission from liability and actions; to repeal the provisions relating to the effect of a certificate of the Georgia Real Estate Commission stating compliance or noncompliance with said Act and the admissibility of copies of documents; to repeal certain provisions relating to effective registrations under prior law, administrative orders relating to such registrations, and conditions imposed on such registrations; to repeal certain provisions relating to judicial review of administrative 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 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking in

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its entirety Article 1 known, as the Georgia Land Sales Act, and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 44-3-1. This article shall be known and may be cited as the `Georgia Land Sales Act.' 44-3-2. As used in this article, the term: (1) `Agent' means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another person consists of rendering legal services. (2) `Blanket encumbrance' means: (A) Any deed to secure debt, trust deed, mortgage, mechanic's lien, or any other lien or financial encumbrance securing or evidencing money debt and affecting subdivided land or affecting more than one lot or parcel of subdivided land; or (B) Any agreement affecting more than one such lot or parcel by which the subdivider holds such subdivided land under an option, contract to purchase, or trust agreement; provided, however, that taxes and assessments levied by public authority are not deemed to be encumbrances within the meaning of this paragraph. (3) `Business day' means any calendar day except Sunday or any national legal public holiday. (4) `Common promotional plan' means a plan undertaken by a single developer or a group of developers acting in concert to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert and, where such land is contiguous or known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. (5) `Conspicuous statement' means a statement in boldface and conspicuous type which shall be a type size of at least ten points. Such statement shall always be shown larger than all other nonconspicuous statements in the body of the document in which it is required. (6) `Developer' or `subdivider' or `owner' means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision.

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(7) `Disposition' or `dispose of' means any sale, exchange, lease, assignment, award by lottery, or other transaction designed to convey an interest in a subdivision or parcel, lot, or unit thereof, if undertaken for gain or profit. (8) `Offer' means every inducement, solicitation, or attempt to bring about a disposition. (9) `Person' means an individual, firm, company, association, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association or organization, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. (9.1) `Property report' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the subdivision as required by this article. (10) `Purchaser' means a person other than a developer or lender who acquires an interest in any lot, parcel, or unit in a subdivision. (11) `Sale' means every sale, lease, assignment, award by lottery, solicitation, or offer to do any of the foregoing concerning a subdivision, if undertaken for gain or profit. (12) `Subdivision' or `subdivided land' means: (A) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (B) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan. 44-3-3. (a) (1) It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless such offering complies with this article or is exempt under Code Section 44-3-4. Any person offering to sell any subdivided land shall provide each prospective purchaser a property report containing the following: (A) Information about the subdivider to include the name, street address, form of organization, and telephone number of the subdivider; the state or foreign jurisdiction in which the subdivider is organized and the date of organization; a statement of authorization to do business in this state, if the subdivider is a foreign corporation; the name and address of the subdivider's resident agent; the name and address of the person to whom correspondence concerning the subdivider should be addressed; the name, address, and telephone number of the person or persons who are in

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charge of the subdivider's sales in this state; and a statement indicating where the subdivider's records are located; (B) Information about the subdivided land to include the total acreage in the subdivision as a whole, including land held for future expansion; the number of lots, parcels, or tracts included in the filing; the number of acres in the filing; the size of the smallest parcel to be offered for sale; the county and state in which the land is located; the name of the nearest incorporated town; and the route and distance from the nearest incorporated town to the land; (C) Information about the title of the subdivided land to include the name, address, and telephone number of the record titleholder; (D) Information about any existing or contemplated future improvements to include statements of the condition of drainage control systems, streets, roads, sewage disposal facilities, sidewalks, electrical services, telephone connections, water supply, gas supply, clubhouses, golf courses, and other recreational facilities; a statement as to whether any performance bonds or other obligations have been posted with any public authority to assure the completion of any improvements; a statement as to whether the county or city wherein the land lies has agreed to accept maintenance of any improvements other than recreational facilities; a statement as to whether any contracts have been made with any public utility for the installation of any improvements; a statement as to the existence or contemplated future existence of any improvement maintenance charge; and a statement as to whether all improvements promised to purchasers are included in the sales contracts; (E) The provisions of any zoning ordinances and regulations affecting the subdivided land and each lot or unit thereof; (F) A statement of all existing taxes or assessments affecting the subdivided land; (G) The terms and conditions of sales of the subdivided land and a statement which declares any sums which purchasers will be required to pay other than the actual purchase price, with interest, and any taxes or assessments validly imposed by any governmental authority; (H) A statement which indicates whether the subdivision has been approved or disapproved for loans by any lending institutions or agencies; (I) The names of the governmental authorities or private entities which will provide police protection, fire protection, and garbage collection; (J) The name and address of the person who prepared the registration statement;

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(K) A statement which indicates the use for which the property is offered; (L) The estimated costs, dates of completion, and the party responsible for the construction and maintenance of all existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in the subdivided land including such party's name and address; (M) A conspicuous statement on the top two-thirds of the front cover of the property report which reads as follows: `YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT WHICH YOU HAVE SIGNED WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT AND YOU ARE ENTITLED TO RECEIVE A REFUND. IF THIS PROPERTY REPORT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREEMENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER YOUR RECEIPT OF THIS PROPERTY REPORT AND YOU ARE ENTITLED TO RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT.' (N) A conspicuous statement on the bottom third of the front cover of the property report which reads as follows: `THE PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING'; (O) (i) Except as provided in division (ii) of this subparagraph, a conspicuous statement which reads as follows: `THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE SUPERIOR COURT OF THE COUNTY WHEREIN THE PROPERTY IS LOCATED.' (ii) If the subdivision is located outside the state of Georgia, then the conspicuous statement must read as follows: `THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS

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RELATING TO THIS TRANSACTION ON FILE IN THE APPROPRIATE LAND RECORDS OF THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED.' (2) Every subdivider shall make available at the project location to every purchaser for inspection thereof the following documents: (A) A legal description of the subdivided land; (B) A general map, drawn to scale, showing the total subdivided land area and its relation to the existing streets, roads, waterways, schools, churches, shopping centers, and bus and rail transportation in the immediate vicinity and showing all lands reserved for future expansion, if any; (C) A copy of the conveyances by which the subdivider or owner acquired title to the land, with such copy bearing the public record book and page number; (D) A copy of all instruments presently creating liens, mortgages, encumbrances, reservations, or defects upon the use of title of the subdivided land included in the filing; (E) A copy of the title insurance policy or an attorney's title opinion for the subdivided land, issued within 30 days of the date of submission of the registration statement; (F) A copy of each deed restrictions, if any; (G) A copy of the purchase agreement to be employed in the sales program; (H) A copy of the deed to be employed in the sales program; (I) Statements from the appropriate governmental agencies approving the installation of the improvements enumerated in subparagraph (D) of paragraph (1) of this subsection, including, but not limited to, a statement of approval from the state water quality control board concerning the sewage disposal facilities and siltation; (J) A statement which indicates how streets and other public places in the subdivided land are to be maintained; (K) A copy of any contract or franchise with a public utility company, if any; (L) A copy of a plat of the subdivided land approved by the appropriate specified governmental agency and recorded in the appropriate specified public record book, with such copy bearing the public record book and page number; (M) A copy of any performance bonds or agreements with the public authorities guaranteeing completion;

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(N) A phased development schedule for all improvements promised by the subdivider and not completed, showing each type of improvement and the month and year of the start of the improvement and the proposed completion; (O) A statement by the subdivider of any additional and material facts that should be called to the attention of the purchaser; (P) If the county or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the county or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate regional development center; and (Q) A statement of the terms of payment. (b) The purchaser shall be informed by the subdivider of all material changes with respect to the subdivided land. (c) The subdivider must update the property report whenever any material change occurs. (d) The property report shall not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report unless specifically required by law or by this article or such emphasis is intended to call to a prospective purchaser's attention some risk or warning not otherwise readily observable. (e) Where lots or parcels within a subdivision are subject to a blanket encumbrance, the developer shall ensure that such blanket encumbrance contains provisions evidencing the subordination of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property. (f) A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available by the subdivider and subject to inspection by the purchaser for a period of three years. The purchaser shall be notified of any change affecting the location of the records. (g) (1) The subdivider shall cause a copy of the property report to be given to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by written notice to the seller until midnight of the seventh day, Sundays and holidays

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excepted, following the signing of such contract or agreement. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within seven days, Sundays and holidays excepted, following the signing of such contract or agreement. Receipts taken for any published report shall be kept on file for three years from the date the receipt is taken. If such a report is never given prior to or after the execution of any binding contract or agreement for sale, the purchaser may have rights exercisable under Code Section 44-3-8 in addition to the right of rescission given in this paragraph. (2) The receipt in duplicate required by this subsection must be signed by the purchaser upon receipt of a property report and must contain the following language: I hereby acknowledge that I have received the property report of (insert name of subdivision) on (insert date) at (time). If I receive the property report less than 48 hours prior to signing any contract or agreement, I understand that my right to cancel that contract or agreement is midnight of the seventh day, Sundays and holidays excepted, following the signing of such contract or agreement. I understand that I must notify the developer or the developer's agent in writing within the cancellation period of my intent to cancel by sending notice by certified mail, return receipt requested, to (insert name and address of developer or developer's agent). Notice will be effective on the date that it is mailed. (h) (1) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of the purchase price which is outstanding at the date of the sales contract after full credit has been given for the down payment, and the terms of the sales contract. (2) Every sales contract relating to the purchase of real property in a subdivision shall provide that the purchaser shall receive a warranty deed to the property together with a copy of any purchase money deed to secure debt or purchase money mortgage as may be specified in the sales contract within not more than 180 days from the date of execution of the contract; provided, however, that, in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 180 days after such completion. (i) The developer must make any changes in the property report which are necessary to assure its truthfulness and accuracy at all times. (j) When a subdivider offers additional subdivided land for sale, the subdivider shall amend the property report to include the additional subdivided land.

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44-3-4. Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 shall not apply to offers or dispositions in an interest in land: (1) By a purchaser of any subdivision, lot, parcel, or unit thereof for his or her own account in a single or isolated transaction; (2) On which there is a commercial or industrial building, condominium, shopping center, house, or apartment house; or as to which there is a contractual obligation on the part of the subdivider to construct such a building within two years from date of disposition; or the sale or lease of which land is restricted by zoning ordinance, covenant, or other legally enforceable means to commercial or nonresidential purposes; or the sale or lease of which land is pursuant to a plan of development for commercial or nonresidential purposes; (3) As cemetery lots or interests; (4) Where the plan of sale for a subdivision is to dispose of all the interests to ten or fewer persons; (5) Where each lot, parcel, or unit being offered or disposed of in any subdivision is five acres or more in size; (6) To any person who is engaged in the business of the construction of residential, commercial, or industrial buildings for disposition; (7) Where at least 95 percent of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (8) Made pursuant to the order of any court of this state; (9) Made by or to any government or government agency; (10) Made as evidence of indebtedness secured by way of any deed to secure debt, mortgage, or deed of trust of real estate; (11) As securities or units of interest issued by an investment trust regulated under the laws of the State of Georgia; (12) Registered under the provisions of the federal Interstate Land Sales Full Disclosure Act; (13) Of lots, parcels, or units contained in a recorded subdivision plat, if all of the following conditions exist: (A) Each lot, parcel, or unit is situated on an existing paved and dedicated road or street constructed to the specifications of the board of county commissioners of the county or the governing body

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of the municipality, which board or governing body has voluntarily agreed to accept such road or street for maintenance and, if a waiting period is required, adequate assurances have been established with the county or municipality; (B) The subdivision has drainage structures and fill necessary to prevent flooding, which structures and fill have been approved by the board of county commissioners of the county or the governing body of the municipality; (C) Electric power is available at or near each lot, parcel, or unit; (D) Domestic water supply and sanitary sewage disposal meeting the requirements of the applicable governmental authority are available at or near each lot, parcel, or unit; (E) The subdivider is at all times prepared to convey title to the purchaser by general warranty deed unencumbered by any mortgages, deeds to secure debt, or other liens; and (F) All promised improvements and amenities are complete; (14) Of lots, parcels, or units contained in a subdivision plat that has been accepted by the board of county commissioners and properly recorded where: (A) Each lot, parcel, or unit is situated on a road dedicated or approved by the board of county commissioners and arrangements acceptable to the commission have been made for the permanent maintenance of such roads; (B) All promised improvements and amenities are complete; (C) The promotional plan of sale is directed only to bona fide residents of this state whose primary residence is or will be located in the county in which the lots are platted of record; (D) The method of sale is by cash or deed and first mortgage or deed to secure debt with all funds escrowed in this state prior to closing. Closing shall occur within 180 days after execution of the contract for purchase, at which time the purchaser shall receive a general warranty deed unencumbered by any mortgages or other liens except the mortgage or deed to secure debt given by the purchaser; and (E) The purchaser has inspected the property to be purchased prior to the execution of the purchase contract and has so certified in writing; (15) Where not more than 150 lots, parcels, units, or interests are offered for sale; or

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(16) Where no representations, promises, or agreements are made that any improvements or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser. 44-3-5. (a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of any provision of this article; (2) To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made in the light of the circumstances under which they are made not misleading, the purchaser not knowing of the untruth or omission, if such person shall not sustain the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the untruth or omission; or (3) To offer to sell or to sell any subdivided land by means of any property report except a property report which complies with this article unless the offer of disposition of an interest in land is exempt from the provisions of Code Section 44-3-3 pursuant to Code Section 44-3-4. (b) It shall be unlawful for any person to make to any prospective purchaser any representation that any federal, state, county, or municipal agency, board, or commission has passed judgment in any way upon the truthfulness, completeness, or accuracy of a property report or upon the merits of such land, or has recommended or given approval to such land or transaction. (c) It shall be unlawful for any person knowingly to cause to be made, in any document used under this article, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) It shall be unlawful for any person in connection with the offer, sale, or purchase of any subdivided land, directly or indirectly: (1) To employ any device, scheme, or artifice to defraud; or (2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller. 44-3-6. (a) Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is

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engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or the Attorney General, or both, may in their discretion apply to any court of competent jurisdiction in this state including the Superior Court of Fulton County for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or from doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant. (b) In any proceedings for an injunction, the district attorney or the Attorney General may apply for and be entitled to have issued the court's subpoena requiring: (1) The immediate appearance of any defendant and that defendant's agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. (c) Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant. 44-3-7. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. (b) Any person who shall willfully violate paragraph (2) of subsection (a) of Code Section 44-3-5 or subsection (d) of Code Section 44-3-5 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both. (c) Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law. (d) Nothing in this article shall be deemed to prohibit the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10 from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person. 44-3-8. (a) Any person who violates any provision of Code Section 44-3-5 shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if that

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buyer no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the consideration paid, or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees. (b) Every person who directly or indirectly controls a person liable under subsection (a) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every person who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) of this Code section unless the person whose liability arises under the provisions of this subsection sustains the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable. (c) No person may bring an action under this Code section more than two years from the date of the contract for sale or sale if there is no contract for sale. (d) Every cause of action under this article survives the death of any person who might have been a plaintiff or defendant. (e) Nothing in this article shall limit any statutory or common-law right of any person in any court for any act involving the sale of land. (f) The owner, publisher, licensee, or operator of any newspaper, magazine, visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, publisher, licensee, or operator of such a newspaper, magazine, station or network of stations shall not be liable under this article for any advertising of any subdivision, lot, parcel, or unit in any subdivision carried in any such newspaper or magazine or by any such visual or sound radio broadcasting station or network of stations, nor shall any of them be liable under this article for the contents of any such advertisement, unless the owner, publisher, licensee, or operator has actual knowledge of the falsity thereof. 44-3-9. Except as provided in Code Section 44-3-6, for the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regulation, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the

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article, in the county of any violator's principal place of business, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation. 44-3-10. Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser's agent the following: (1) A copy of each item required in Code Section 44-3-3; and (2) A copy of the sales agreement from each sale relating to the purchase of real property in a subdivision. 44-3-11. Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: (1) Compliance with any provision of this article or of the rules and regulations promulgated under this article; (2) Any rights provided by this article or by the rules and regulations promulgated under this article; or (3) Any defenses arising under this article or under the rules and regulations promulgated under this article shall be void. 44-3-12. In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense. 44-3-13. Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1995, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, within two years of July 1, 1995. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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REVENUE AND TAXATION AD VALOREM TAXES ON PROPERTY LOCATED ON AIRPORT SPLIT BY COUNTY LINE. Code Section 48-5-15.1 Enacted. No. 447 (House Bill No. 790). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to specify which county shall receive ad valorem taxes from certain real and tangible personal property located on an airport split by a county line under certain conditions; to provide for applicability to airports owned or operated by certain airport authorities; to provide for returns of such property and the taxation of such property; to provide for inapplicability to certain property; to provide for construction with other statutes; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding after Code Section 48-5-15 a new Code Section 48-5-15.1 to read as follows: 48-5-15.1. (a) All real property and tangible personal property shall be returned for taxation and subject to taxation as provided in this Code section where such property is located on the premises of an airport and: (1) Such airport is divided by one or more county lines such that the airport is located in two or more counties; and (2) Such airport is owned or operated by a local airport authority which authority functions on behalf of one of the counties within which the airport is located. (b) For the purposes of this Code section, an authority shall be considered as functioning on behalf of a county where a majority of the members of the authority are members who meet any of the following descriptions: (1) An authority member who is also a member of the county governing authority or an official or employee of the county; (2) An authority member appointed by the county governing authority or appointed by an officer of the county;

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(3) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or (4) An authority member appointed by the governing authority of a city within the county or appointed by an officer of a city within the county. (c) All such real property and tangible personal property located on the premises of an airport as described in subsections (a) and (b) of this Code section shall be returned for taxation to the tax commissioner or tax receiver of the county on behalf of which the airport authority functions. All such real and tangible personal property shall be subject to taxation by only the county on behalf of which the airport authority functions and not by any other county. (d) Nothing in this Code section shall apply with respect to any airport certificated under Title 14, Part 139, of the Code of Federal Regulations or shall apply with respect to the taxation of commercial airliners which shall be subject to Article 12 of this chapter and other applicable provisions of law. With respect to aircraft which would otherwise be subject to the provisions of Code Section 48-5-16, the provisions of this Code section shall control over the provisions of Code Section 48-5-16. Except as specifically provided otherwise in the first sentence of this subsection, this Code section shall control over any other conflicting provisions of this chapter; but nothing in this Code section shall be construed as taking away the tax-exempt status of any property which is otherwise exempted by law from ad valorem taxation. SECTION 2 . This Act shall become effective January 1, 1996, and shall apply with respect to tax years beginning on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. INSURANCE GROUP DISABILITY INCOME INSURANCE; PREEXISTING CONDITIONS. Code Section 33-24-26 Amended. Code Section 33-24-26.1 Enacted. No. 448 (Senate Bill No. 23). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to allow the use of

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preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condition in group policies or contracts of disability income insurance; to provide for notices concerning preexisting conditions limitations or exclusions in group policies or contracts of disability income insurance; to provide restrictions on the application of preexisting condition limitations or exclusions to certain disabilities; to provide for 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 striking subsection (a) of Code Section 33-24-26, relating to provisions limiting or restricting payment of benefits for preexisting illnesses or conditions, and inserting in lieu thereof a new subsection (a) to read as follows: (a) No group accident and sickness insurance policy, other than policies of disability income insurance and credit accident and sickness insurance and other than policies of qualified self-insurers, shall be issued in this state, which policy limits or restricts payment of benefits for any preexisting illness or condition not otherwise excluded from the group policy for a period in excess of 12 months following the date of the issuance of the certificate covering the insured person. SECTION 2 . Said chapter is further amended by adding immediately following Code Section 33-24-26, relating to provisions limiting or restricting payment of benefits for preexisting illnesses or conditions, a new Code Section 33-24-26.1 to read as follows: 33-24-26.1. (a) A group policy or contract of disability income insurance shall not contain a definition of the term `preexisting condition' which is more restrictive than the following: Preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to seek diagnosis, care, or treatment, or a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within 12 months preceding the effective date of coverage of the insured. (b) Any group policy or contract of disability income insurance which limits, restricts, or excludes payment of benefits for preexisting conditions shall contain a notice as provided in this subsection. The notice shall be entitled `Preexisting Conditions Limitations or Exclusions,' shall appear as a separate paragraph of the policy or contract, shall appear in

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boldface type, and shall provide an appropriate definition or description of the term `preexisting condition' for the purposes of the policy. (c) No policy or certificate of group disability income insurance shall be issued or delivered in this state which limits or excludes payment of benefits for a disability resulting from a preexisting condition if that disability occurs more than 24 months following the effective date of an insured's coverage under such policy. (d) This Code section shall apply to group policies or contracts of disability income insurance issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. INSURANCE ADJUSTER DEFINED; CERTAIN PERSONS NOT CONSIDERED AS AGENTS, SUBAGENTS, COUNSELORS, OR ADJUSTERS; PREMIUM DEFINED; PENALTIES ON REFUNDS OF CERTAIN UNEARNED PREMIUMS; NONRENEWAL OF PROPERTY INSURANCE; COVERAGE FOR CHILD WELLNESS SERVICES; DISHONORED INSTRUMENT FOR PAYMENT OF MOTOR VEHICLE INSURANCE. Code Title 33 Amended. Code Sections 33-29-3.3 and 33-30-4.4 Enacted. No. 449 (Senate Bill No. 51). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that the term adjuster does not include a salaried employee of an insurer who adjusts claims; to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to revise the definition of premium; to authorize the charging of a penalty on the refund of unearned premium with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies; to provide that individual accident and sickness insurance policies and group or blanket accident and sickness insurance policies shall be required to provide basic coverage for child wellness services for any insured child from birth through the age of five years; to authorize the Commissioner of Insurance to define child

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wellness services by regulation; to authorize certain limitations in such coverage; to provide that such coverage shall not be subject to deductibles; to provide for construction; to provide for applicability; to provide for information concerning the cost of such coverage to be supplied to the members of the General Assembly; to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled as provided in Code Section 33-24-44; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements; to provide for matters relative to the foregoing; to provide effective dates; 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 striking paragraph (1) of subsection (a) of Code Section 33-23-1, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows: (1) `Adjuster' means any person who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term `adjuster' does not include: (A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer. SECTION 2 . Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (1) of subsection (b) to read as follows: (1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction so long as such person is not involved in soliciting insurance or signing or counter-signing contracts;. SECTION 3 . Said title is further amended by striking paragraph (2) of Code Section 33-24-1, relating to definitions, and inserting in lieu thereof the following:

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(2) `Premium' means the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract is deemed part of the premium. The term `premium' shall not include any amount deposited and held for the account of the insured which is returnable upon cancellation of the insurance contract and upon which no commission has been paid. SECTION 4 . Said title is further amended by adding a new subsection (g) to Code Section 33-24-44, relating to cancellation of insurance policies generally, to read as follows: (g) Any unearned premium which has been paid by the insured may be refunded to the insured on other than a pro rata basis if: (1) The cancellation results from failure of the insured to pay, when due, any premium to the insurer or any amount, when due, under a premium finance agreement; (2) The policy contains language which specifies that a penalty may be charged on unearned premium; and (3) The method of computing such penalty is filed with the Commissioner in accordance with Chapter 9 of this title. SECTION 5 . Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Nonrenewal' or `nonrenewed' means a refusal by a insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required of the insured for renewal after the insurer has manifested a willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal. SECTION 6 . Said title is further amended by adding immediately following Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests in individual policies of accident and sickness insurance, a new Code Section 33-29-3.3 to read as follows:

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33-29-3.3. (a) As used in this Code section, the term: (1) `Child wellness services' means the periodic review of a child's physical and emotional status conducted by a physician or conducted pursuant to a physician's supervision, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or parents, and laboratory testing in keeping with prevailing medical standards. (2) `Policy' means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (b) Every insurer authorized to issue an individual accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics, prevailing medical standards, and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to individual basic or major medical accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided

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by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000. SECTION 7 . Said title is further amended by adding immediately following Code Section 33-30-4.3, relating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds, a new Code Section 33-30-4.4 to read as follows: 33-30-4.4. (a) As used in this Code section, the term: (1) `Child wellness services' means the periodic review of a child's physical and emotional status conducted by a physician or conducted pursuant to a physician's supervision, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or parents, and laboratory testing in keeping with prevailing medical standards. (2) `Policy' means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (b) Every insurer authorized to issue a group or blanket accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics, prevailing medical standards, and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to

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coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of group or blanket accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to group or blanket accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000. SECTION 8 . Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 33-34-3, relating to requirements concerning issuance of motor vehicle insurance policies, and inserting in its place a new paragraph (4) of subsection (a) to read as follows: (4)(A) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies. (B) If an insurer, agent, or premium finance company collects such advance payment in the form of a check or money order which is not honored upon initial presentation, such insurer, agent, or premium finance company shall be deemed to have complied with subparagraph (A) of this paragraph and may, thereafter, cancel for nonpayment of premium as provided in Code Section 33-24-44.

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SECTION 9 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1, 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PUBLIC SCHOOL TEXTBOOKS SELECTION; REQUESTS BY SYSTEM SUPERINTENDENTS AND TEACHERS. Code Section 20-2-1012 Amended. No. 450 (Senate Bill No. 52). AN ACT To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected; to provide for compliance with other rules; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, is amended by striking Code Section 20-2-1012, relating to committees to recommend textbooks, and inserting in its place the following: 20-2-1012. (a) The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this state to examine textbooks and make recommendations thereon to the state board. Such committee or committees shall consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the state board may prescribe and shall receive such compensation as may be fixed by the state board. (b) In addition to any other method of textbook selection, the State Board of Education shall add to the approved list of textbooks for use in

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the public schools of this state any textbook or series of textbooks requested in writing by: (1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the textbook requested, if the requisite number of requests for the specified textbook are received within any 365 day period. A textbook so required to be added to the approved list shall be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall be included upon the approved list which indicates the manner in which any textbook was added to the list. Other than the selection method, publishers whose textbooks are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding textbooks as other publishers, including but not limited to price, durability, and availability. 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 20, 1995. PUBLIC OFFICERS AND EMPLOYEES GENERAL ASSEMBLY; EXPENSE REIMBURSEMENT AND ALLOWANCES FOR MEMBERS. Code Section 45-7-4 Amended. No. 451 (House Bill No. 62). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change provisions relating to expense reimbursement and expense allowances for members of the General Assembly; to provide for the amounts and manner of such allowances and reimbursements; to provide for items and purposes for which such reimbursements and allowances may be paid; to provide that amounts not claimed shall lapse and shall be remitted to the general fund of the state treasury; to provide for related matters; to provide for effective dates; 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 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the third undesignated paragraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated paragraph to read as follows: Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $75.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. SECTION 2 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the fourth undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subparagraph to read as follows: In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, and leasing of equipment. No reimbursement shall be made for any postage which is used for a political newsletter. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. Any amounts remaining in such expense account which are not so claimed by April 15 and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of

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the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph (22), including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized. In addition to such reimbursement for actual expenses incurred, as provided above, each member shall upon his or her claim be entitled to receive an allowance of per diem differential for up to 50 days per year for which the member received the daily expense allowance. The amount of per diem differential which may be claimed for each such day shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid. SECTION 3 . (a) Section 1 of this Act shall become effective on the convening date of the 1997 regular session of the General Assembly. (b) Section 2 of this Act shall become effective on the convening date of the 1996 regular session of the General Assembly. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES TO PROMOTE NONGAME WILDLIFE CONSERVATION AND WILDLIFE HABITAT ACQUISITION FUND; ISSUANCE, DESIGN, FEES, DISPOSITION OF FUNDS DERIVED FROM SALE, DECALS, TRANSFER. Code Section 40-2-48 Enacted. No. 452 (Senate Bill No. 205). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its beneficiary, the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements; to provide for the costs of such license plates; to provide for the transfer of such license plates; to provide for subsequent editions; to provide procedures; to provide for disposition of the funds derived from the sale of the special license plates; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows: 40-2-48. (a) In order to promote and financially benefit the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 1997, special license plates promoting the Nongame-Endangered Wildlife Program and its primary funding source, the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund, referred to in this Code section as the wildlife conservation fund. (b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation of native Georgia wildlife. The wildlife conservation fund plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients

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receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the wildlife conservation fund license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enumerated in subsection (b) of Code Section 12-3-602. (f) An applicant may request a wildlife conservation fund license plate any time during the applicant's registration period. If a wildlife conservation fund license plate is to replace a current valid license plate, the department shall issue the wildlife conservation fund license plate with appropriate decals attached. When an applicant requests a wildlife conservation fund license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (g) If a vehicle owner to whom the department has issued a wildlife conservation fund license plate acquires a replacement vehicle within the owner's registration period, the department shall authorize a

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transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42. (h) Wildlife conservation fund license plates shall be issued within 30 days of application. 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 20, 1995. WIRETAPPING AND EAVESDROPPING UNLAWFUL TO PRINT, BROADCAST, OR PUBLISH CONTENTS OF UNLAWFULLY INTERCEPTED CELLULAR RADIO TELEPHONE COMMUNICATION. Code Section 16-11-66.1 Amended. No. 453 (Senate Bill No. 131). 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 make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to provide a penalty; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking in its entirety Code Section 16-11-66.1, relating to the unlawful interception of cellular radio telephone communications, and inserting in lieu thereof a new Code Section 16-11-66.1 to read as follows: 16-11-66.1. (a) As used in this Code section, the term `cellular radio telephone' means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

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(b) (1) It shall be unlawful for any person, without the consent of at least one of the parties to the communication, intentionally to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone. (2) It shall be unlawful for any person to broadcast, print, or publish the contents of any communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone if the communication has been intercepted in violation of paragraph (1) of this subsection. (c) In the following instances, this Code section shall not apply: (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility; (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility; (3) To any telephonic communication system used for communication exclusively within a state, county, or municipal correctional institution; (4) To the use of equipment, facilities, or services by users licensed by the Public Service Commission pursuant to Code Section 16-11-65; or (5) To the interception of wire or oral transmissions by law enforcement officers pursuant to Code Section 16-11-64. (d) Any person convicted of violating paragraph (1) or paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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CONSERVATION AND NATURAL RESOURCES GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT AMENDED; SLUDGE APPLICATION; LANDFILLS ADJACENT TO BOMBING RANGES; RESTRICTIONS ON LANDFILL SITING. Code Section 12-8-25.3 Amended. Code Section 12-8-25.4 Enacted. No. 454 (Senate Bill No. 32). AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, so as to provide for regulations with respect to the siting of certain solid waste facilities; to restrict the application of certain sludge in certain areas; to restrict the location of facilities adjacent to certain bombing range facilities; to provide limits upon the numbers of solid waste facilities which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for the meaning and applicability of terms; to provide for application to certain expanded facilities as well as new facilities; to authorize the Board of Natural Resources to provide for exemptions in certain areas under certain conditions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, is amended by inserting at the end of Code Section 12-8-25.3, relating to restrictions on landfill sites within significant ground-water recharge areas the following: (c) No permit or modification of an existing permit shall be issued for land application of untreated municipal sewage sludge located in an area designated by Hydrologic Atlas 18 prepared by the Department of Natural Resources as a significant ground-water recharge area including, but not limited to, those areas designated as probable areas of thick soils. (d) No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range. SECTION 2 . Said part is further amended by adding after Code Section 12-8-25.3 a new Code Section 12-8-25.4 to read as follows:

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12-8-25.4. (a) As provided for in Code Section 12-8-21, it is the policy of the State of Georgia to assure that solid waste facilities do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment. The General Assembly finds that an excessive concentration of solid waste facilities in any one community can adversely affect the health, safety, well-being, and environment of that community and impose an onus on the community without any reciprocal benefits to the community. The purpose of this Code section is to provide a limited degree of protection against any given community becoming an involuntary host to an excessive concentration of solid waste facilities. (b) No permit shall be issued under Code Section 12-8-24 for any solid waste handling facility other than a material recovery facility or compost facility or for any solid waste disposal facility other than a private industry solid waste disposal facility if any part of the premises proposed for permitting would lie within any geographic area which can be shown to meet the following criteria: (1) The geographic area is in the shape of a circle with a two-mile radius, the centerpoint of which circle may be any point within the premises proposed for permitting; and (2) The circular geographic area already includes all or a portion of three or more landfills within that portion of its territory which is within this state (including the landfill proposed for permitting in the case of a proposed expansion). (c) For the purposes of the criteria specified in subsection (b) of this Code section, the term `landfill' shall include: (1) Any active landfill permitted under authority of the state under this part or any prior general law of the state; and (2) Any inactive landfill so permitted under this part or any prior general law, which landfill ceased receiving waste on or after June 29, 1989, and is either in closure or post-closure status, provided that such a landfill which has completed post-closure care status shall no longer be included but for purposes of said subsection (b) the count of landfills shall not include any permit-by-Rule inert waste landfill or any private industry solid waste disposal facility; and in counting landfills each existing landfill site shall be counted only once even if such landfill site has previously been expanded under a new or existing permit, provided the facilities under each new or existing permit are the same type landfill, are owned by the same person, and are contiguous or if not contiguous are separated only by the width of a public road.

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(d) Subsection (b) of this Code section shall apply with respect to: (1) the permitting of a proposed horizontal expansion requiring a permit or a major modification of an existing permit; and (2) the permitting of a new site requiring a new permit; provided, however, that a permit for a vertical expansion not to exceed 5 million tons capacity may be granted if all permitted landfills wholly or partially in the two-mile radius circular geographic area are in compliance with state and federal laws and regulations and any applicable remedial plans have been implemented. (e) The board may by rule authorize an exemption from this Code section for one or more areas in the state if the board determines that compliance with this Code section is not reasonably practicable in such area or areas because of a high water table in such area or areas which limits the land area suitable for facility siting. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall not apply with respect to a site for which the Environmental Protection Division has issued a letter of site suitability prior to the effective date of this Act. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. ELECTIONS NONPARTISAN ELECTIONS FOR MEMBERS OF BOARDS OF EDUCATION; ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL ELECTIONS AND PRIMARIES; VARIOUS PROVISIONS. Code Section 20-2-56 Amended. Code Title 21 Amended. No. 455 (Senate Bill No. 193). AN ACT To amend Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, so as to provide for nonpartisan elections without a prior nonpartisan primary; to change cross-references to conform to other provisions of this Act; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the method of computing the qualifying fee for certain county offices; to change the distribution of qualifying fees; to provide qualifying procedures for candidates seeking election to county offices in nonpartisan elections; to provide for meetings of county boards of registrars; to change the contents of the official list of electors and inactive electors; to provide for establishing the cost of

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furnishing data on electors; to provide for a separate portion on ballot labels for candidates seeking nomination in a nonpartisan primary; to change the form of the elector's oath for an absentee ballot; to authorize additional registration places or registrar's offices; to provide for two poll watchers in each precinct; to eliminate the Constitutional Officers Election Board and references to such board; to change procedures relating to consolidated returns of elections; to change procedures relating to certifying the tabulation of returns; to change the procedures relating to certifying results of elections for constitutional officers; to change the grounds upon which a primary or election may be contested; to provide for a rebuttable presumption regarding a vote by a person who has been listed for ten years or longer despite an unsigned voter registration card in certain circumstances; to provide for a court order to conduct a second runoff in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of boards of education using the procedures established in Chapter 2 of Title 21, the `Georgia Elections Code,' or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Chapter 3 of Title 21, the `Georgia Municipal Election Code.' SECTION 2 . Said title is further amended by striking in their entirety subsections (a) and (c) of Code Section 21-2-131, relating to qualification fees, and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special

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primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing

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authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election. SECTION 3 . Said title is further amended by striking in their entirety subsections (b) and (b.1) of Code Section 21-2-132, relating to procedures for qualifying, and inserting in lieu thereof new subsections to read as follows: (b) Candidates seeking nomination in a nonpartisan primary shall comply with the requirements of subsections (b.1) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. Candidates

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seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. (b.1) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April. SECTION 4 . Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereof the following: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars

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shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. SECTION 5 . Said title is further amended by striking in its entirety subsection (f) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure in certain circumstances, and inserting in lieu thereof the following: (f) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. SECTION 6 . Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-225, relating to confidentiality of registration applications, and inserting in lieu thereof a new subsection to read as follows: (c) It shall be the duty of the Secretary of State and the board of registrars to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on computer tape or diskette or computer run list or both. The Secretary of State shall establish the cost to be charged for such lists. Such data may not be used by any person for commercial purposes. SECTION 7 . Said title is further amended by striking in its entirety subsection (h) of Code Section 21-2-325, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows:

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(h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' SECTION 8 . Said title is further amended by striking in its entirety Code Section 21-2-382, relating to utilization of the courthouse or courthouse annex as an additional registrar's office or place of registration in certain counties, and inserting in lieu thereof the following: 21-2-382. (a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, or a government service center providing general government services. (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385. SECTION 9 . Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-384 and inserting in lieu thereof a new subsection to read as follows: (c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is

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..... County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the..... day of....., 19...... ..... Signature of Person Assisting Elector Relationship Reason for assistance (Check appropriate square): () Elector is unable to read the English language. () Elector has following physical disability...... The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election: Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor.

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SECTION 10 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows: (b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. SECTION 11 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-495, relating to a recount or recanvass of votes, and inserting in lieu thereof a new subsection to read as follows: (d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes. SECTION 12 . Said title is further amended by striking in its entirety paragraph (4) of Code Section 21-2-497, relating to consolidated returns of elections, and inserting in lieu thereof a new paragraph to read as follows:

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(4) One copy to be returned as follows: (A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of elections for any county officer or other officer required by law to be commissioned by the Governor in any of the several counties of this state, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices; (C) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (D) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; or (E) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. SECTION 13 . Said title is further amended by striking in its entirety Code Section 21-2-498, relating to the Constitutional Officers Election Board, and inserting in lieu thereof the following: 21-2-498. Reserved. SECTION 14 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-499, relating to duties of the Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, and inserting in lieu thereof a new subsection to read as follows: (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed

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to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. SECTION 15 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-502, relating to certificates of election and commission and proclamation as to constitutional amendments, and inserting in lieu thereof a new subsection to read as follows: (a) Governor and other constitutional officers . Upon completing the tabulation of any election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Secretary of State shall lay the same before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Governor. SECTION 16 . Said title is further amended by striking in its entirety Code Section 21-2-522, relating to grounds for election contests, and inserting in lieu thereof a new Code section to read as follows: 21-2-522. A result of a primary or election may be contested on one or more of the following grounds: (1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (2) When the defendant is ineligible for the nomination or office in dispute; (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;

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(4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election. SECTION 16A . Said title is further amended by inserting a new Code section to be designated Code Section 21-2-522.1 to read as follows: 21-2-522.1. Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-2-216. For such a voter, there shall be a rebuttable presumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card. SECTION 17 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-527, relating to judgments in election contests, and inserting in lieu thereof a new subsection to read as follows: (d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid. SECTION 18 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3-284, relating to absentee ballots and supplies, and inserting in lieu thereof a new subsection to read as follows: (d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is..... City,..... County, Georgia; that I possess the

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qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote there in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot. ..... Elector's Residence Address ..... Month and Day of Elector's Birth ..... Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently possesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3-318. This, the..... day of....., 19...... ..... Signature of Person Assisting Elector Relationship Reason for assistance (check appropriate square): () Elector is unable to read the English language. () Elector has the following physical disability..... The forms upon which such oaths are printed shall contain the following language: Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318.) Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor. SECTION 19 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-317, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows:

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(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers for each precinct, to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. SECTION 20 . Said title is further amended by striking in its entirety Code Section 21-3-422, relating to grounds for election contests, and inserting in lieu thereof a new Code Section to read as follows: 21-3-422. A result of a primary or election may be contested on one or more of the following grounds: (1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (2) When the defendant is ineligible for the nomination or office in dispute; (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election. SECTION 20A . Said title is further amended by inserting a new Code section to be designated Code Section 21-3-422.1 to read as follows: 21-3-422.1 Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-3-122. For such a voter, there shall be

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a rebuttable presumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card. SECTION 21 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3-427, relating to judgments in election contests, and inserting in lieu thereof a new subsection to read as follows: (d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid. SECTION 22 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PUBLIC OFFICERS AND EMPLOYEES PER DIEM AND TRANSPORTATION COSTS FOR MEMBERS OF STATE TRANSPORTATION BOARD; EXPENSE ALLOWANCE AND TRAVEL COSTS FOR MEMBERS OF GEORGIA RAIL PASSENGER AUTHORITY. Code Sections 32-2-20, 45-7-21, and 46-9-274 Amended. No. 456 (House Bill No. 641). AN ACT To amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, so as to provide for per diem and transportation costs for expenses incurred when acting as a representative of the State Transportation Board; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursements for members of certain boards and commissions, so as to provide for expense allowance and travel cost reimbursements for members of the Georgia Rail Passenger Authority; to amend Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to membership of the Georgia Rail Passenger Authority, so as to provide that members of such authority shall receive expense allowances and travel cost reimbursements; 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 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary. SECTION 2 . Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 45-7-21. Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows: (1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia;

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(4) Board of Corrections; (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Joint Board of Family Practice; (13) Georgia Music Hall of Fame Authority; (14) Georgia Sports Hall of Fame Authority; and (15) Georgia Rail Passenger Authority. SECTION 3 . Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to membership of the Georgia Rail Passenger Authority, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Each member of the authority shall receive an expense allowance and reimbursement for travel costs as provided in Code Section 45-7-21. A like sum shall be paid to a member of the authority who attends an approved meeting, event, or other function other than an authority meeting as an official representative of the authority. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. CRIMINAL PROCEDURE BOND PENDING HEARING ON REVOCATION OF PAROLE OR PROBATION; LIMITATION. Code Section 17-10-1 Amended. No. 457 (House Bill No. 509). AN ACT To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation

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of such sentences, so as to provide that a parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or a felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation unless the judge of the superior court wherein the alleged new offense occurred determines that the parolee or probationer does not constitute a threat to the community; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation of such sentences, is amended by striking subparagraph (a)(3)(B) in its entirety and inserting in lieu thereof a new subparagraph (a)(3)(B) to read as follows: (B) A parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or with a new felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a judge of the superior court wherein the alleged new offense occurred after a hearing and upon determination of the superior court that the parolee or probationer does not constitute a threat to the community. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. ELECTIONS SPECIAL PRIMARIES AND ELECTIONS; REGISTRATION DEADLINES. Code Sections 21-2-224 and 21-3-123 Amended. No. 458 (House Bill No. 423). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special primaries and elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (b) of Code Section 21-2-224,

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relating to registration deadlines, and inserting in lieu thereof a new subsection to read as follows: (b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that: (1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day prior to the date of the special primary or election or, if such thirty-first day is a legal holiday, by the close of business on the following business day. SECTION 2 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to deadlines for registration for municipal elections, and inserting in lieu thereof a new subsection to read as follows: (b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any municipal special primary or special election, such person shall make application as provided in Article 6 of Chapter 2 of this title no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that: (1) If such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presidential preference primary held under Chapter 2 of this title, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or

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(2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presidential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day prior to the date of the special primary or election or, if such thirty-first day is a legal holiday, by the close of business on the following business day. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. CONSTRUCTION STANDARDS REGULATION OF ELEVATORS, ESCALATORS, AND SIMILAR DEVICES; EXEMPTION FOR SINGLE-PASSENGER CHAIRLIFT IN BUILDING OWNED AND OPERATED BY NONPROFIT ORGANIZATION. Code Section 8-2-109.1 Amended. No. 459 (Senate Bill No. 377). AN ACT To amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to preclude application of certain laws governing such apparatuses to single-seat, single-passenger chairlifts located in buildings owned and operated by certain nonprofit organizations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, is amended by striking in its entirety Code Section 8-2-109.1 and inserting in its place a new Code Section 8-2-109.1 to read as follows: 8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.

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(b) This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes. (c) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. INSURANCE PREMIUM FINANCE COMPANIES; PREMIUM FINANCE AGREEMENTS; ADDITIONAL PREMIUMS; CANCELLATION OF CONTRACTS. Code Sections 33-22-8, 33-22-10, and 33-22-13 Amended. Code Section 33-22-12.1 Enacted. No. 460 (House Bill No. 375). AN ACT To amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to allow an additional premium to a policy or a renewed or extended policy to be financed with the same insurance premium finance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to allow the imposition of a returned check fee for each installment payment check returned by a financial institution as a result of insufficient funds; to provide the amount of such fee; to revise provisions relative to the notification of the insured by the premium finance company of cancellation of the policy; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement; to provide for the form of such notice; to provide for a conclusive presumption of compliance by the premium finance company with certain statutory requirements; to relieve the insurer from liability under certain circumstances; to provide for editorial revision; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking Code Section 33-22-8, relating to the form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows: 33-22-8. (a) A premium finance agreement shall: (1) Be dated and signed by or on behalf of the insured, and the printed portion of the agreement shall be in at least eight-point type; (2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and (3) Set forth the following items, where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph); (D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9; (E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and (F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment. (b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause, and additional items may be included to explain the computations made in determining the amount to be paid by the insured. (c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to the insured at his or her address shown in the agreement a complete copy of the agreement.

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(d) Whenever an insurance policy has been financed pursuant to this chapter, an additional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company shall mail or deliver to the insured an addendum to the existing premium finance agreement in the same manner as provided in subsection (c) of this Code section, and such addendum shall contain the information required under subsection (a) of this Code section. SECTION 2 . Said chapter is further amended by striking Code Section 33-22-10, relating to delinquency charges, and inserting in lieu thereof a new Code Section 33-22-10 to read as follows: 33-22-10. (a) A premium finance agreement may provide for the payment by the insured of a delinquency charge ranging in amount from $1.50 to a maximum of 5 percent of the delinquent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement. (b) A premium finance agreement may provide for a returned check fee of $20.00 for each installment payment check returned by the financial institution as the result of insufficient funds. SECTION 3 . Said chapter is further amended by adding immediately following Code Section 33-22-12 a new Code Section 33-22-12.1 to read as follows: 33-22-12.1. Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form: `NOTICE Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the

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right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.' SECTION 4 . Said chapter is further amended by striking subsection (c) of Code Section 33-22-13, relating to the procedure for cancellation of the insurance contract upon default, and inserting in lieu thereof a new subsection (c) to read as follows: (c)(1) After expiration of such ten-day period, the premium finance company may thereafter in the name of the insured cancel such insurance contract or contracts by mailing or delivering to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing or delivering notice to the insurance company to cancel the policy, shall mail notice to the insured notifying him or her of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall be after the date of mailing of such notice, and shall inform the insured that any payment received after the mailing or delivery of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelligence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this subsection shall be mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (2) The receipt of the notice of cancellation provided in paragraph (1) of this subsection by the insurer shall create a conclusive presumption that the premium finance company has fully complied with all the requirements of this Code section, that the insurer is entitled to rely on such presumption, and that the cancellation of the insurance contract or contracts is concurred in and authorized by the insured. No liability of any nature whatsoever shall be imposed upon the insurer as a result of the failure by the insured to receive the notice of the action taken required by paragraph (1) of this subsection or as a

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result of the failure of the insurance premium finance company to comply with any of the requirements of this Code section. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. CRIMES AND OFFENSES THEFT OF TRADE SECRETS; USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES; FORFEITURE OF CERTAIN PROPERTY USED IN COMMISSION OF BURGLARY OR ARMED ROBBERY. Code Sections 16-8-13 and 16-11-60 Amended. Code Sections 16-11-64.1, 16-11-64.2, 16-16-1, and 16-16-2 Enacted. No. 461 (House Bill No. 340). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, known as the Criminal Code of Georgia, so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to provide for preserving the secrecy of trade secrets in prosecutions; to provide for exceptions; to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installation and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States; to provide for the forfeiture of motor vehicles, tools, and weapons used or intended for use in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture; to provide for the disposition of property forfeited or the proceeds derived from forfeited property; to provide certain exceptions; to require law enforcement agencies to file certain reports relating to money, currency, or proceeds realized from forfeited property received; 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, known as the Criminal Code of Georgia, is amended by striking Code Section 16-8-13, relating to stealing and embezzling trade secrets, and inserting in lieu thereof the following:

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16-8-13. (a) As used in this Code section, the term: (1) `Article' means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (2) `Copy' means any facsimile, replica, photograph, or other reporduction of an article and any note, drawing, or sketch made of or from an article. (3) `Representing' means describing, depicting, containing, constituting, reflecting, or recording. (4) `Trade secret' means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information: (A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (b) Any person who, with the intent to deprive or withhold from the owner thereof the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following: (1) Takes, uses, or discloses such trade secret to an unauthorized person; (2) Acquires knowledge of such trade secret by deceitful means or artful practice; or (3) Without authority, makes or causes to be made a copy of an article representing such trade secret commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor. (c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means,

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which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (d) For the purposes of this Code section, a continuing theft by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who committed the theft. (e) This Code section shall not affect: (1) Contractual duties or remedies, whether or not based on theft of a trade secret; or (2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section. SECTION 2 . Title 16 of the Official Code of Georgia Annotated, known as the Criminal Code of Georgia, is amended by striking in its entirety Code Section 16-11-60 and by inserting in lieu thereof the following: 16-11-60. As used within this part, the term: (1) `Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, recording, or transmitting visual images and which involves in its operation electricity, electronics, infrared, laser or similar beams, but not including merely focusing, lighting, illuminating equipment, optical magnifying equipment, or a device commonly referred to as an `individual hearing aid,' and not including a `pen register' or `trap and trace device' as defined in this Code section. (2) `Pen register' means an instrument or apparatus which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any instrument or apparatus used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any instrument or apparatus used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

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(3) `Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance. (4) `Trap and trace device' means an instrument or apparatus which captures the incoming electronic or other impulses which identify the originating number of an instrument or apparatus from which a wire or electronic communication was transmitted. SECTION 3 . Said title is further amended by adding, following Code Section 16-11-64, new Code sections to be designated Code Sections 16-11-64.1 and 16-11-64.2 to read as follows: 16-11-64.1. Any district attorney or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a superior court for the circuit wherein the pen register or trap and trace device is to be installed and used, and the superior court for that circuit is authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States. 16-11-64.2. Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that: (1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injury to any person; or (B) Conspiratorial activities characteristic of organized crime that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and (2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1.

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SECTION 4 . Said title is further amended by adding CHAPTER 16 16-16-1. As used in this chapter, the term: (1) `Armed robbery' means the offense defined in subsection (a) of Code Section 16-8-41. (2) `Burglary' means the offense defined in subsection (a) of Code Section 16-7-1. 16-16-2. (a) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a burglary or armed robbery are subject to forfeiture under this chapter, but: (1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a burglary or armed robbery; (2) No motor vehicle is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission is protected to the extent of the interest of such co-owner; and (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the or she neither had knowledge of or nor consented to the act or omission. (b) Property subject to forfeiture under this chapter may be seized by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter; or (3) If probable cause exists that the vehicle, tool, or weapon is subject to seizure. (c) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior

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court wherein the seizure was made or in custody of the superior court where it can be proven that the burglary or armed robbery was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or (3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (d) When property is seized under this chapter, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date he or she receives notice of the seizure, the district attorney of the judicial circuit shall cause to be filed in the superior court of the county in which the property is seized or detained an in rem complaint for forfeiture of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the complaint shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The complaint shall describe the property, state its location, state its present custodian, state the name of the owner, if known to the duly authorized agent of the state, allege the essential elements of the violation upon which the forfeiture is based, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such a complaint, the court shall promptly cause process to issue to the present custodian in possession of the property described in the complaint, commanding him or her to seize the property described in the complaint and to hold that property for further order of the court. A copy of the complaint shall be served on the owner or lessee, if known. A copy of the complaint shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such

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property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth: (1) The caption of the proceedings as set forth in the complaint and the name of the claimant; (2) The address at which the claimant will accept mail; (3) The nature and extent of the claimant's interest in the property; (4) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (5) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (6) All essential facts supporting each assertion; and (7) The precise relief sought. If at the expiration of the period set forth in this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. If the court determines that a claimant defending the complaint knew or by the exercise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized property as provided in this Code section and that claimant shall have no claim upon the property or proceeds from the sale thereof. (e) (1) When property is forfeited under this chapter, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that the burglary or armed robbery was committed may dispose of the property by issuing an order to: (A) Retain it for official use by any agency of this state or any political subdivision thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for

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payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of seizure, maintenance of custody, advertising, and court costs; or (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (2)(A) Money, currency, or proceeds which are realized from the sale or disposition of forfeited property shall after satisfaction of the interest of secured parties and after payment of all costs vest in the local political subdivision whose law enforcement officers seized it. If the property was seized by a municipal law enforcement agency then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that municipality. If the property was seized by a county law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county. If the property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the property was seized by a state law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs, the local government in which the money, currency, or proceeds realized from the forfeited property vests shall expend or use such funds or proceeds received for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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AQUACULTURE DEVELOPMENT COMMISSION MEMBERSHIP; SUBCOMMITTEES. Code Section 27-4-253 Amended. No. 462 (Senate Bill No. 200). AN ACT To amend Code Section 27-4-253 of the Official Code of Georgia Annotated, relating to the Aquaculture Development Commission, so as to change the requirements for membership in the commission; to provide for subcommittees; 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 27-4-253 of the Official Code of Georgia Annotated, relating to the Aquaculture Development Commission, is amended by striking subparagraph (a)(9)(A) and subsection (b) and inserting in lieu thereof a new subparagraph (a)(9)(A) and a new subsection (b) to read as follows: (A) Four members shall be representatives of the aquaculture industry; (b) The members of the commission shall enter upon their duties without further act or formality. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. The commission may appoint working subcommittees based on identified needs. These subcommittees may consist of noncommission members who exhibit an interest in the development of the aquaculture industry of Georgia. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PENAL INSTITUTIONS DETENTION FACILITY DEFINED FOR PURPOSES OF REPAYMENT OF EXPENSES FOR MEDICAL SERVICES TO AND TREATMENT OF INMATES. Code Sections 42-4-50 and 42-4-70 Amended. No. 463 (House Bill No. 757). AN ACT To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to change the definition of a detention facility for

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purposes of repayment of expenses for medical services to inmates and expenses for medical treatment of inmates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by striking paragraph (1) of subsection (a) of Code Section 42-4-50, relating to definitions regarding medical services for inmates, and inserting in its place a new paragraph (1) to read as follows: (1) `Detention facility' means a municipal or county jail, workcamp, or other municipal or county detention facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. SECTION 2 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 42-4-70, relating to definitions regarding deductions from inmate accounts for medical treatment expenses, and inserting in its place a new paragraph (1) to read as follows: (1) `Detention facility' means a municipal or county jail, workcamp, or other municipal or county detention facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. MOTOR VEHICLES AND TRAFFIC SELF-INSURERS; CASH DEPOSIT REQUIRED; TRANSITION PERIOD. Code Section 40-9-101 Amended. No. 464 (House Bill No. 677). AN ACT To amend Code Section 40-9-101, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements concerning cash deposits; 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 40-9-101, relating to self-insurers, is amended by striking subparagraphs (a)(3)(C) and (a)(3)(D) of said Code section and inserting in lieu thereof new subparagraphs (a)(3)(C) and (a)(3)(D) to read as follows: (C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1, 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of at least $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1, 33-11-20, 33-11-21, and 33-11-25, which relate to various types of authorized investments for insurers. (D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after December 31, 1995, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. RETIREMENT AND PENSIONS LIMITATION ON EMPLOYEE CONTRIBUTIONS TO RETIREMENT PLAN UNDER GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM. Code Sections 47-5-40 and 47-5-41 Amended. No. 465 (House Bill No. 640). AN ACT To amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employees Benefit System, so as to provide a limitation on employee contributions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employees Benefit System, is amended by striking in its entirety subsection (d) of Code Section 47-5-40, relating to the power of certain employers to establish retirement plans, and inserting in lieu thereof the following: (d) Each employer is authorized to appropriate funds to provide the benefits under such plan and to pay its respective portion of the administrative costs of the board of trustees in administering the system. In no event shall an employee's contribution exceed 50 percent of the value of such employee's benefit payable from the plan at the earlier of termination of employment or commencement of benefits. The valuation of benefits shall be made in accordance with the actuarial assumptions used to determine employer contributions in effect at the time of the determination. SECTION 2 . Said article is further amended by striking in its entirety subsection (d) of Code Section 47-5-41, relating to the establishment and use of master retirement plans under the Georgia Municipal Employees Benefit System, and inserting in lieu thereof the following: (d) Employers are authorized to appropriate funds to provide the benefits specified in such master plan and to pay their portion of the administrative costs of the board of trustees in administering the system. In no event shall an employee's contribution exceed 50 percent of the value of such employee's benefit payable from the plan at the earlier of termination of employment or commencement of benefits. The valuation of benefits shall be made in accordance with the actuarial assumptions used to determine employer contributions in effect at the time of the determination. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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PUBLIC OFFICERS AND EMPLOYEES DEFENSE OF ACTIONS IN LIEU OF INSURANCE; EMPLOYMENT OF INDIVIDUAL LEGAL COUNSEL WHEN COUNTY ATTORNEY HAS CONFLICT OF INTEREST. Code Section 45-9-21 Amended. No. 466 (House Bill No. 605). AN ACT To amend Code Section 45-9-21 of the Official Code of Georgia Annotated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, so as to provide for the employment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds; to provide for a definition; to provide for exceptions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 45-9-21 of the Official Code of Georgia Annotated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, is amended by adding at the end of said Code section a new subsection (e) to read as follows: (e)(1) As used in this subsection, the term `county officer' means the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner or tax collector and tax receiver of a county. (2) In any civil case in which the county attorney has a conflict of interest which would ethically prevent the county attorney from representing both the county, the governing authority of the county, or another county officer or employee and the county officer, upon a determination by the chief judge of the superior court of the circuit in which the county is located that an ethical conflict exists, the county officer shall be authorized to employ individual legal counsel to represent such county officer in such matter. The governing authority of the county shall pay the reasonable fees of such individual counsel and all applicable court costs, deposition costs, witness fees and compensation, and all other like reasonable costs, expenses, and fees; provided, however, that such attorneys' fees shall be no more than the rate paid to the county attorney for similar representation or in accordance with a schedule of rates for outside counsel adopted by the governing authority, if any. Such fees and costs shall be authorized by the chief judge of the superior court of the circuit in which the county

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is located. This subsection shall not apply unless the governing authority of the county has first denied a written request by a county officer for counsel. 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 20, 1995. RETIREMENT AND PENSIONS GEORGIA FIREMEN'S PENSION FUND; FIRE DEPARTMENT DEFINED. Code Section 47-7-1 Amended. No. 467 (House Bill No. 593). AN ACT To amend Code Section 47-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to change a certain definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Firemen's Pension Fund, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following: (2) `Fire department' means a full-time fire department or volunteer fire department which satisfies the following criteria: (A) The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25; (B) The public fire suppression facilities of the fire department are ratable not less favorably than a class eight rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than

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a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firemen and volunteer firemen to become members of the fund to obtain creditable service with the fund. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. RETIREMENT AND PENSIONS DISTRICT ATTORNEYS' RETIREMENT SYSTEM; AMOUNT OF RETIREMENT BENEFITS FOR CERTAIN MEMBERS. Code Section 47-13-70 Amended. No. 468 (House Bill No. 592). AN ACT To amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retirement System, so as to clarify the amount of retirement benefits for certain members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retirement System, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof, respectively, the following: (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a retirement benefit. If a member retires with 16 years of creditable service or less, such member's retirement benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent of the member's average annual compensation multiplied by the member's total number of years of creditable service. If a member retires with more than 16 years of service, such member's

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retirement shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent plus 1 percent per year for each year served after 16 years of service of the member's average annual compensation multiplied by the member's total number of years of creditable service, not to exceed 24 years. After obtaining at least ten years of creditable service, a member may cease to hold office as a district attorney prior to reaching age 60 and may begin receiving the monthly retirement benefit upon reaching age 60, if the member's contributions to the fund are not withdrawn. (b) After obtaining 16 years of creditable service, a member who continues in service shall continue to make employee contributions to the fund. In the event a member continues in service after obtaining 16 years of creditable service, the member's `average annual compensation' for purposes of computing the member's retirement benefit shall be computed as provided in paragraph (3) of Code Section 47-13-2. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. STATE GOVERNMENT STATE PROPERTIES CODE AMENDED; MEMBERSHIP, ORGANIZATION, AND EXECUTIVE DIRECTOR OF STATE PROPERTIES COMMISSION. Code Sections 50-16-32 and 50-16-35 Amended. No. 469 (House Bill No. 576). AN ACT To amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, so as to change the provisions relating to the membership and organization of the State Properties Commission; to provide for the powers and duties of the executive director of the commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, is amended by striking in its entirety Code Section 50-16-32, relating to the creation, membership, and organization of the State Properties Commission, and inserting in lieu thereof a new Code Section 50-16-32 to read as follows:

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50-16-32. (a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of nine members and be composed of the Governor; the director of the Office of Treasury and Fiscal Services; the state auditor; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairman of the commission, the state auditor shall be its vice-chairman, and the director of the Office of Treasury and Fiscal Services shall be its secretary. Five members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require five affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly. (c) Meetings shall be held on the call of the chairman, vice-chairman, or two commission members whenever necessary to the performance of the duties of the commission. Minutes or transcripts shall be kept of all meetings of the commission and in the minutes or transcripts there shall be kept a record of the vote of each commission member on all questions, acquisitions, transactions, and all other matters coming before the commission. The secretary shall give or cause to be given to each commission member, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures.

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(e) Members of the commission who are also state officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. Citizen members shall receive the same expense allowance per day as that received by a member of the General Assembly for each day any such member of the commission is in attendance at a meeting or carrying out official duties of the commission inside or outside the state, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile inside or outside the state while attending meetings or carrying out their official duties as members of the commission. SECTION 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 50-16-35, relating to the employment of personnel by the State Properties Commission, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commission is authorized to employ an executive director and such other employees, on either a full-time or part-time basis, as may be necessary to discharge the duties of the commission. The executive director shall supervise and conduct the activities of the commission under the commission's direction. Unless the commission or chairman otherwise directs, the executive director may execute and attest on behalf of the commission any instrument in furtherance of an activity authorized by the commission. Unless the commission, chairman, or secretary otherwise instructs, the executive director may report the minutes of the commission, keep and affix its seal, attest its instruments, and keep and certify its records. 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 20, 1995.

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EDUCATION EXECUTIVE SECRETARY OF PROFESSIONAL STANDARDS COMMISSION; EMPLOYEES OF STATE SCHOOLS FOR DEAF AND BLIND; EMPLOYEES OF STATE SCHOOLS OPERATED BY STATE BOARD OF EDUCATION; VARIOUS PROVISIONS RELATING TO EMPLOYMENT. Code Sections 20-2-987, 20-2-302, and 45-20-2 Amended. No. 470 (House Bill No. 406). AN ACT To amend Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Professional Standards Commission, so as to change provisions relating to the executive secretary of the Professional Standards Commission; to amend Code Section 20-2-302, relating to funds for operation of schools for the deaf and blind, so as to provide that employees of state schools for the deaf and blind shall serve in the unclassified service of the state merit system; to provide that authority may be delegated to the State School Superintendent to employ or dismiss employees of state schools for the deaf and blind; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relating to the merit system generally, so as to change the definition of the term unclassified service to include certain employees of state schools operated by the State Board of Education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Professional Standards Commission, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commission shall appoint an executive secretary who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the commission. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent. SECTION 2 . Code Section 20-2-302 of the Official Code of Georgia Annotated, relating to funds for operation of schools for the deaf and blind, is amended by designating the current language of said Code section as subsection (a)

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and by inserting at the end thereof new subsections (b) and (c) to read as follows: (b) Employees of the state schools for the deaf and blind governed by the State Board of Education shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. (c) The State Board of Education may delegate to the State School Superintendent the authority to employ and dismiss employees at the state schools for the deaf and blind. SECTION 3 . Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relating to the merit system generally, is amended in paragraph (15) by striking and at the end of subparagraph (BB), by replacing the period with ;and at the end of subparagraph (CC), and by adding at the end a new subparagraph (DD) to read as follows: (DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. INSURANCE COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS; ADVERSE UNDERWRITING DECISION DEFINED. Code Section 33-39-3 Amended. No. 471 (House Bill No. 405). AN ACT To amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to revise the definition of adverse underwriting decision; to provide that the placement of insurance with a residual market mechanism, insurer, or unauthorized insurer shall not be

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considered an adverse underwriting decision under certain circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, is amended by striking paragraph (1) of Code Section 33-39-3, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Adverse underwriting decision' means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (i) A declination of insurance coverage; (ii) A termination of insurance coverage; (iii) Failure of an agent to apply for insurance coverage with a specific insurance institution which the agent represents and which is requested by an applicant; (iv) In the case of property or casualty insurance coverage: (I) Placement by an insurance institution or agent of a risk with a residual market mechanism or an unauthorized insurer; or (II) The charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished; (v) In the case of a life, health, or disability insurance coverage, an offer to insure at higher than standard rates; or (B) Notwithstanding subparagraph (A) of this paragraph, the following actions shall not be considered adverse underwriting decisions but the insurance institution or agent responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence: (i) The termination of an individual policy form on a class or state-wide basis; (ii) A declination of insurance coverage solely because such coverage is not available on a class or state-wide basis; (iii) The rescission of a policy; or

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(iv) The accommodation of an insured by an agent who places insurance for such insured with any insurer, residual market mechanism, or unauthorized insurer which is satisfactory to such insured when such insured has been canceled, nonrenewed, declined, or otherwise unable to obtain coverage for any reason. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995. PUBLIC EDUCATION MODEL ANNUAL EVALUATION INSTRUMENTS; ADVERTISING CERTIFICATED POSITIONS; DISCIPLINE OF STUDENTS WHO BRING A WEAPON TO SCHOOL; PROFESSIONAL PRACTICES COMMISSION HEARINGS. Code Title 20, Chapter 2 and Code Section 50-13-41 Amended. No. 472 (Senate Bill No. 281). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education to develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission; to authorize local units of administration to use such models; to provide requirements for the advertisement of teacher vacancies; to provide a definition; to provide for the establishment of policies by local boards of education requiring the expulsion of students who bring weapons to school; to authorize placement of such students in alternative programs; to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures of the Office of State Administrative Hearings, so as to provide for findings of fact, conclusions of law, and recommendations to be made by a tribunal of the Professional Practices Commission in certain cases involving educators; 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, secondary, and adult education, is amended by striking Code Section 20-2-210, relating to annual performance evaluations, and inserting in lieu thereof the following:

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20-2-210. All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education. SECTION 2 . Said chapter is further amended by striking subsection (d) of Code Section 20-2-211, relating to the employment of teachers, principals, and other certificated professional personnel, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system. A local board of education may also announce such positions to colleges and universities in other states. SECTION 3 . Said chapter is further amended by striking Code Section 20-2-751, relating to definitions, and inserting in lieu thereof a new Code Section 20-2-751 to read as follows: 20-2-751. As used in this subpart, the term: (1) `Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (2) `Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester.

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(3) `Short-term suspension' means the suspension of a student from a public school for not more than ten school days. (4) `Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code. SECTION 4 . Said chapter is further amended by adding immediately following Code Section 2-2-751 a new Code Section 20-2-751.1 to read as follows: 20-2-751.1. (a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school. (b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act. SECTION 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-797, relating to the Professional Practices Commission disciplinary recommendations, and inserting in its place a new subsection (a) to read as follows: (a) Following its completion of an investigation authorized by Code Section 20-2-796 but, in a contested case, not before the conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Professional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators involved if the commission determined that the complaints against the educators were not justified. If the commission determined there was justification for the complaints against the educators involved, it may recommend any combination of the following actions:

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(1) That the educators be warned or reprimanded; (2) That the contracts of the educators be terminated, suspended, or not renewed; or (3) That the certificates of the educators be suspended or revoked. SECTION 6 . Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures of the Office of State Administrative Hearings, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a)(1) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings, and such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article, except as provided in paragraph (2) of this subsection. (2) The Professional Practices Commission shall convene a tribunal which shall hear all evidence and render findings of fact, conclusions of law, and recommendations in all case proceedings pursuant to Code Section 20-2-797 in accordance with rules and regulations promulgated by the Professional Practices Commission pursuant to this chapter. An assistant administrative law judge shall preside over any such proceeding and shall make necessary legal rulings and shall prepare a composite report of the tribunal's findings of fact, conclusions of law, and recommendations. Such composite report shall be transmitted to the Professional Practices Commission for approval. (3) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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PROPERTY MORTGAGE FILED, RECORDED, AND INDEXED DEEMED CONSTRUCTIVE NOTICE TO SUBSEQUENT BONA FIDE PURCHASERS; EXCEPTION. Code Section 44-14-33 Amended. No. 473 (Senate Bill No. 243). AN ACT To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking in its entirety Code Section 44-14-33, relating to attestation required to admit mortgages to record, and inserting in lieu thereof a new Code section to read as follows: 44-14-33. In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud, if a mortgage is duly filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1995.

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COURTS SUPERIOR COURTS; NUMBERS OF JUDGESHIPS FOR CERTAIN CIRCUITS CHANGED; APPOINTMENT AND ELECTION OF JUDGES FOR NEW JUDGESHIPS; POWERS, DUTIES, JURISDICTION, AND COMPENSATION OF NEW JUDGES. Code Section 15-6-2 Amended. No. 474 (House Bill No. 236). AN ACT To provide for the creation of new superior court judgeships for certain judicial circuits; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judgeships for each judicial circuit, so as to change the number of judgeships for certain circuits; to provide for the initial appointment and subsequent elections of judges to serve in such new judgeships; to provide for the powers, duties, jurisdiction, privileges, immunities, and compensation of such judges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, relating to numbers of judges for each circuit, and inserting in its place a new Code section to read as follows: 15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows: (1) Alapaha Circuit 2 (2) Alcovy Circuit 3 (2.1) Appalachian Circuit 2 (3) Atlanta Circuit 15 (4) Atlantic Circuit 4 (5) Augusta Circuit 7 (6) Blue Ridge Circuit 3 (7) Brunswick Circuit 4 (8) Chattahoochee Circuit 5 (9) Cherokee Circuit 3 (10) Clayton Circuit 4

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(11) Cobb Circuit 8 (12) Conasauga Circuit 4 (13) Cordele Circuit 2 (14) Coweta Circuit 5 (15) Dougherty Circuit 3 (15.1) Douglas Circuit 2 (16) Dublin Circuit 2 (17) Eastern Circuit 6 (17.1) Enotah Circuit 2 (18) Flint Circuit 3 (19) Griffin Circuit 4 (20) Gwinnett Circuit 6 (21) Houston Circuit 2 (22) Lookout Mountain Circuit 4 (23) Macon Circuit 5 (24) Middle Circuit 2 (25) Mountain Circuit 2 (26) Northeastern Circuit 3 (27) Northern Circuit 3 (28) Ocmulgee Circuit 4 (29) Oconee Circuit 2 (30) Ogeechee Circuit 3 (31) Pataula Circuit 2 (32) Piedmont Circuit 3 (32.1) Rockdale Circuit 2 (33) Rome Circuit 3 (34) South Georgia Circuit 2 (35) Southern Circuit 4 (36) Southwestern Circuit 2 (37) Stone Mountain Circuit 9

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(38) Tallapoosa Circuit 3 (39) Tifton Circuit 2 (40) Toombs Circuit 2 (41) Waycross Circuit 3 (42) Western Circuit 3 SECTION 2 . Each additional judge appointed pursuant to this Act shall be appointed for a term of office beginning upon the first day of the month following the appointment and continuing through December 31, 1996, and until a successor is duly elected and qualified. All subsequent successors to such judges shall be elected at the general election next preceding the expiration of each term of office and shall serve for terms of office of four years beginning January 1 next following their election, and until their successors are elected and qualified. SECTION 3 . Each additional judge provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judge or judges of his or her circuit. Any judge of any circuit affected by this Act may preside over any cause and perform any official act as judge thereof. SECTION 4 . The qualifications of each additional judge provided for in this Act shall be as provided by law for the present judge or judges of his or her circuit. Each additional judge provided for in this Act shall receive the same compensation, salary, and expense allowance from the State of Georgia and from the counties of his or her circuit as the present judge or judges of the circuit. Any provisions heretofore enacted for salary supplementation by the counties of any such circuit shall apply equally to the additional judge provided for such circuit by this Act. SECTION 5 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of any circuit affected by this Act may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit, it being the intent and purpose of this Act to provide additional judges coequal in jurisdiction and authority with the present judge or judges of their circuits. Nothing in this Act shall 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 6 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 Session of the General Assembly of Georgia a bill to provide for a third superior court judge for the Western Judicial Circuit consisting of the counties of Athens-Clarke and Oconee; and for other purposes. This 16 day of December, 1994. Louise McBee, Representative Eighty Eighth district GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louise McBee, who, on oath, deposes and says that she is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Daily News, which is the official organ of Clarke County, on the following date: December 23, 1994. /s/ Louise McBee Representative, 88th District Sworn to and subscribed before me, this 12th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for a third superior court judge for the Western Judicial Circuit consisting of the counties of Athens-Clarke and Oconee; and for other purposes. This 15th day of Dec., 1994 Wendell Dawson, Chairman Oconee County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louise McBee, who, on oath, deposes and says that she is Representative from the 88th District, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise, which is the official organ of Oconee County, on the following date: December 22, 1994. /s/ Louise McBee Representative, 88th District Sworn to and subscribed before me, this 12th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 20, 1995. PUBLIC OFFICERS AND EMPLOYEES RECORDS AND DISCLOSURES REGARDING CERTAIN TERMINATED EMPLOYEES; WAGE INCENTIVE PAYMENTS TO CERTAIN EMPLOYEES PROHIBITED. Code Sections 45-1-5 and 45-20-18 Enacted. No. 475 (House Bill No. 214). AN ACT To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers, so as to provide for records and disclosure requirements for certain terminated state or local employees; to amend Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit system, so as to prohibit certain wage incentive payments; 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 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-5, to read as follows: 45-1-5. When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee's personnel records, including both the personnel file

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and any associated work history records, shall be clearly designated with a notation that such records have been purged as a condition of a settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seeking information as to a former employee's work history for the sole purpose of making a hiring decision. SECTION 1A . Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit system, is amended by adding at the end the following: 45-20-18. Any state employee who commits a validated act of abuse towards a member of the public while performing employment duties shall not be eligible for any wage incentive payment during the period such act occurred. 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 20, 1995. APPROPRIATIONS S.F.Y. 1995-1996 No. 476 (House Bill No. 202). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated

Page 1083

surplus, reserves and a revenue estimate of $10,134,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1996. PART I. LEGISLATIVE BRANCH Section 1. General Assembly . Budget Unit: General Assembly $ 25,029,738 Personal Services - Staff $ 13,446,641 Personal Services - Elected Officials $ 3,781,803 Regular Operating Expenses $ 2,612,366 Travel - Staff $ 91,500 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 225,000 Computer Charges $ 538,000 Real Estate Rentals $ 5,000 Telecommunications $ 667,000 Per Diem, Fees and Contracts - Staff $ 93,970 Per Diem, Fees and Contracts - Elected Officials $ 2,333,658 Photography $ 95,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 25,029,738 State Funds Budgeted $ 25,029,738 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,743,483 $ 3,743,483 Lt. Governor's Office $ 801,781 $ 801,781 Secretary of the Senate's Office $ 1,139,854 $ 1,139,854 Total $ 5,685,118 $ 5,685,118 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 9,687,692 $ 9,687,692 Speaker of the House's Office $ 560,470 $ 560,470 Clerk of the House's Office $ 1,423,074 $ 1,423,074 Total $ 11,671,236 $ 11,671,236

Page 1084

Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,556,899 $ 2,556,899 Legislative Fiscal Office $ 2,261,462 $ 2,261,462 Legislative Budget Office $ 995,528 $ 995,528 Ancillary Activities $ 1,859,495 $ 1,859,495 Total $ 7,673,384 $ 7,673,384 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to

Page 1085

promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 18,664,008 Personal Services $ 15,720,708 Regular Operating Expenses $ 438,520 Travel $ 521,450 Motor Vehicle Purchases $ 137,535 Equipment $ 39,800 Real Estate Rentals $ 869,790 Per Diem, Fees and Contracts $ 69,850 Computer Charges $ 728,230 Telecommunications $ 138,125 Total Funds Budgeted $ 18,664,008 State Funds Budgeted $ 18,664,008 PART II JUDICIAL BRANCH Section 3. Judicial Branch . Budget Unit: Judicial Branch $ 74,187,472 Personal Services $ 11,056,998 Other Operating $ 61,351,345 Prosecuting Attorney's Council $ 2,015,363 Council of Superior Court Judges $ 346,841 Judicial Administrative Districts $ 1,290,967 Georgia Magistrate Courts Training Council $ 148,098 Georgia Municipal Courts Training Council $ 14,450 Case Counting $ 76,500 Board of Court Reporting $ 139,869 Payment to Council of Magistrate Court Judges $ 25,835 Payment to Council of Probate Court Judges $ 20,450 Payment to Council of State Court Judges $ 12,050 Payment to Council of Superior Court Clerks $ 31,040 Payment to Resource Center $ 300,000 Computerized Information Network $ 683,800 Total Funds Budgeted $ 77,513,606 State Funds Budgeted $ 74,187,472

Page 1086

Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 6,112,968 $ 5,515,675 Court of Appeals $ 7,192,296 $ 7,142,296 Superior Court $ 55,910,873 $ 53,297,032 Juvenile Court $ 1,077,570 $ 1,077,570 Institute of Continuing Judicial Education $ 711,007 $ 711,007 Judicial Council $ 1,758,214 $ 1,693,214 Judicial Qualifications Commission $ 157,718 $ 157,718 Indigent Defense Council $ 3,000,000 $ 3,000,000 Georgia Courts Automation Commission $ 1,363,811 $ 1,363,811 Georgia Office Of Dispute Resolution $ 229,149 $ 229,149 Total $ 77,513,606 $ 74,187,472 Section 4. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 38,734,370 Personal Services $ 45,039,093 Regular Operating Expenses $ 12,822,918 Travel $ 369,633 Motor Vehicle Purchases $ 322,960 Equipment $ 1,747,682 Computer Charges $ 17,025,849 Real Estate Rentals $ 3,388,100 Telecommunications $ 2,825,869 Per Diem, Fees and Contracts $ 2,242,890 Rents and Maintenance Expense $ 11,737,750 Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 781,972 Telephone Billings $ 56,559,700

Page 1087

Radio Billings $ 896,550 Materials for Resale $ 22,000,000 Public Safety Officers Indemnity Fund $ 250,000 Health Planning Review Board Operations $ 35,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 85,000 Total Funds Budgeted $ 180,929,466 State Funds Budgeted $ 38,734,370 Departmental Functional Budgets Total Funds State Funds Executive Administration $ 1,459,213 $ 647,910 Departmental Administration $ 3,023,590 $ 2,895,078 Statewide Systems $ 12,712,772 $ 9,962,772 Space Management $ 521,505 $ 521,505 Procurement Administration $ 2,963,122 $ 2,963,122 General Services $ 573,590 $ 0 Central Supply Services $ 18,545,827 $ 0 Data Processing Services $ 43,647,545 $ 14,048,279 Motor Vehicle Services $ 4,255,144 $ 0 Communication Services $ 77,819,780 $ 5,850,000 Printing Services $ 7,034,410 $ 0 Surplus Property $ 2,379,210 $ 0 Mail and Courier Services $ 1,278,892 $ 0 Risk Management $ 2,683,250 $ 250,000 State Properties Commission $ 485,878 $ 485,878 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 965,336 $ 634,424 State Office of Administrative Hearings $ 580,402 $ 475,402 Total $ 180,929,466 $ 38,734,370

Page 1088

B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 20,980,434 Regular Operating Expenses $ 5,096,676 Travel $ 12,000 Motor Vehicle Purchases $ 314,000 Equipment $ 310,850 Computer Charges $ 110,100 Real Estate Rentals $ 15,071 Telecommunications $ 176,933 Per Diem, Fees and Contracts $ 255,000 Capital Outlay $ 0 Utilities $ 9,000,000 Contractual Expense $ 80,000 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 36,351,064 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Grounds $ 1,626,249 $ 0 Custodial $ 5,638,802 $ 0 Maintenance $ 4,640,092 $ 0 Security $ 6,667,136 $ 0 Van Pool $ 380,794 $ 0 Sales $ 4,005,645 $ 0 Administration $ 13,392,346 $ 0 Railroad Excursions $ 0 $ 0 Facility Renovations $ 0 $ 0 Total $ 36,351,064 $ 0 Section 5. Agency for the Removal of Hazardous Materials . Budget Unit: Agency for the Removal of Hazardous Materials $ 117,064 Personal Services $ 97,864 Regular Operating Expenses $ 10,800 Travel $ 8,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 0

Page 1089

Real Estate Rentals $ 0 Telecommunications $ 400 Per Diem, Fees and Contracts $ 0 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 117,064 State Funds Budgeted $ 117,064 Section 6. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 37,476,571 Personal Services $ 32,015,270 Regular Operating Expenses $ 4,530,070 Travel $ 959,114 Motor Vehicle Purchases $ 626,192 Equipment $ 447,575 Computer Charges $ 450,000 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 990,107 Market Bulletin Postage $ 946,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,591,940 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,535,464 Veterinary Fees $ 412,000 Indemnities $ 100,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 705,708 Payments to Georgia Development Authority $ 250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 0 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 49,001,500 State Funds Budgeted $ 37,476,571 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,241,733 $ 7,460,733 Animal Industry $ 15,509,681 $ 12,561,689

Page 1090

Marketing $ 6,768,104 $ 3,093,104 Internal Administration $ 6,443,897 $ 6,174,397 Fuel and Measures $ 3,381,727 $ 3,252,027 Consumer Protection Field Forces $ 8,074,143 $ 4,934,621 Seed Technology $ 582,215 $ 0 Total $ 49,001,500 $ 37,476,571 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 867,358 Regular Operating Expenses $ 173,980 Travel $ 5,500 Motor Vehicle Purchases $ 12,700 Equipment $ 35,150 Computer Charges $ 5,000 Real Estate Rentals $ 0 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 9,500 Capital Outlay $ 140,000 Goods for Resale $ 109,500 Total Funds Budgeted $ 1,366,188 State Funds Budgeted $ 0 Section 7. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 9,237,778 Personal Services $ 7,551,993 Regular Operating Expenses $ 466,380 Travel $ 399,855 Motor Vehicle Purchases $ 78,955 Equipment $ 6,800 Computer Charges $ 312,033 Real Estate Rentals $ 327,850 Telecommunications $ 78,912 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 9,237,778 State Funds Budgeted $ 9,237,778 Section 8. Department of Children and Youth Services . Budget Unit: Department of Children and Youth Services $ 126,604,705 Personal Services $ 74,622,305 Regular Operating Expenses $ 5,884,954

Page 1091

Travel $ 889,360 Motor Vehicle Purchases $ 293,990 Equipment $ 363,781 Computer Charges $ 243,289 Real Estate Rentals $ 1,664,144 Telecommunications $ 900,825 Per Diem, Fees and Contracts $ 5,605,100 Utilities $ 2,200,745 Institutional Repairs and Maintenance $ 562,330 Grants to County-Owned Detention Centers $ 3,715,495 Service Benefits for Children $ 20,243,332 Purchase of Service Contracts $ 13,398,930 Capital Outlay $ 0 Total Funds Budgeted $ 130,588,580 State Funds Budgeted $ 126,604,705 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 29,260,534 $ 28,228,534 Milledgeville State YDC $ 12,729,929 $ 12,186,029 Augusta State YDC $ 9,323,199 $ 8,765,530 Atlanta State YDC $ 5,676,392 $ 5,428,894 Macon State YDC $ 5,430,976 $ 5,165,195 Court Services $ 15,217,662 $ 15,070,858 Community Treatment Centers $ 2,432,564 $ 2,432,564 Day Centers $ 475,427 $ 475,427 Group Homes $ 1,019,900 $ 1,019,900 Purchased Services $ 35,536,922 $ 34,736,699 Runaway Investigation/Interstate Compact $ 962,375 $ 962,375 Assessment and Classification $ 670,644 $ 670,644 Youth Services Administration $ 7,704,736 $ 7,704,736

Page 1092

Multi-Service Centers $ 4,147,320 $ 3,757,320 Total $ 130,588,580 $ 126,604,705 Section 9. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 34,348,807 Personal Services $ 5,964,998 Regular Operating Expenses $ 334,240 Travel $ 170,205 Motor Vehicle Purchases $ 0 Equipment $ 7,180 Computer Charges $ 146,005 Real Estate Rentals $ 513,430 Telecommunications $ 49,090 Per Diem, Fees and Contracts $ 217,000 ARC Revolving Loan Fund $ 0 Contracts for Regional Planning and Development $ 2,272,825 Local Assistance Grants $ 6,442,338 Appalachian Regional Commission Assessment $ 97,100 Community Development Block Grants(Federal) $ 30,000,000 National and Community Service Program $ 250,000 Payments to Music Hall of Fame Authority $ 774,059 Payments to Sports Hall of Fame $ 126,790 Local Development Fund $ 750,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Housing Finance Authority $ 9,607,000 Payment to Georgia Environmental Facilities Authority $ 2,305,898 Regional Economic Business Assistance Grants $ 1,000,000 Local Government Efficiency Grant Program $ 750,000 State Commission on National and Community Service $ 216,138 Business Flood Disaster Recovery Program $ 0 EZ/EC Administration $ 225,000 Capital Felony Expenses $ 0 Total Funds Budgeted $ 66,844,296 State Funds Budgeted $ 34,348,807

Page 1093

Departmental Functional Budgets Total Funds State Funds Executive and Administrative Division $ 30,204,884 $ 28,930,817 Planning, Information and Management Division $ 3,880,669 $ 3,707,663 Business and Financial Assistance Division $ 32,758,743 $ 1,710,327 Total $ 66,844,296 $ 34,348,807 Section 10. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 682,249,089 Personal Services $ 472,374,436 Regular Operating Expenses $ 56,134,874 Travel $ 2,202,700 Motor Vehicle Purchases $ 3,128,720 Equipment $ 4,498,745 Computer Charges $ 5,530,990 Real Estate Rentals $ 5,921,101 Telecommunications $ 6,930,550 Per Diem, Fees and Contracts $ 8,059,901 Capital Outlay $ 3,834,450 Utilities $ 22,530,660 Court Costs $ 1,100,000 County Subsidy $ 16,893,100 County Subsidy for Jails $ 5,370,000 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,152,000 Payments to Central State Hospital for Meals $ 4,059,700 Payments to Central State Hospital for Utilities $ 1,376,000 Payments to Public Safety for Meals $ 461,160 Inmate Release Fund $ 1,300,000 Health Services Purchases $ 66,606,416 Payments to MAG for Health Care Certification $ 63,420 University of Georgia - College of Veterinary Medicine Contracts $ 366,244 Minor Construction Fund $ 734,000 Total Funds Budgeted $ 690,629,167 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 682,249,089

Page 1094

Department Functional Budgets Total Funds State Funds Administration $ 81,814,692 $ 80,060,282 Institutions and Support $ 497,741,526 $ 494,484,033 Probation $ 111,072,949 $ 107,704,774 Total $ 690,629,167 $ 682,249,089 B. Budget Unit: Board of Pardons and Paroles $ 41,369,832 Personal Services $ 33,181,024 Regular Operating Expenses $ 1,560,147 Travel $ 587,000 Motor Vehicle Purchases $ 78,000 Equipment $ 271,000 Computer Charges $ 313,200 Real Estate Rentals $ 2,634,111 Telecommunications $ 951,700 Per Diem, Fees and Contracts $ 1,118,650 County Jail Subsidy $ 650,000 Health Services Purchases $ 25,000 Total Funds Budgeted $ 41,369,832 State Funds Budgeted $ 41,369,832 Section 11. Department of Defense . Budget Unit: Department of Defense $ 4,694,610 Personal Services $ 9,171,902 Regular Operating Expenses $ 6,644,215 Travel $ 29,375 Motor Vehicle Purchases $ 15,791 Equipment $ 28,840 Computer Charges $ 11,125 Real Estate Rentals $ 24,400 Telecommunications $ 40,825 Per Diem, Fees and Contracts $ 456,000 Capital Outlay $ 0 Total Funds Budgeted $ 16,422,473 State Funds Budgeted $ 4,694,610 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,421,624 $ 1,288,020 Georgia Air National Guard $ 5,078,563 $ 332,380

Page 1095

Georgia Army National Guard $ 9,922,286 $ 3,074,210 Total $ 16,422,473 $ 4,694,610 Section 12. State Board of Education Department of Education . A. Budget Unit: Department of Education $ 3,702,945,970 Operations: Personal Services $ 36,649,409 Regular Operating Expenses $ 5,568,020 Travel $ 1,145,152 Motor Vehicle Purchases $ 139,665 Equipment $ 341,214 Computer Charges $ 7,792,978 Real Estate Rentals $ 1,514,966 Telecommunications $ 1,280,329 Per Diem, Fees and Contracts $ 18,218,402 Utilities $ 962,485 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 827,651,524 Grades 4 - 8 $ 779,316,673 Grades 9 - 12 $ 296,732,910 High School Laboratories $ 180,409,249 Vocational Education Laboratories $ 111,169,887 Special Education $ 329,549,291 Gifted $ 48,746,103 Remedial Education $ 73,351,312 Staff Development and Professional Development $ 32,199,664 Media $ 95,532,367 Indirect Cost $ 627,250,894 Pupil Transportation $ 136,815,917 Local Fair Share $ (658,824,689) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 150,155,595 Other Categorical Grants: Equalization Formula $ 160,777,464 Sparsity Grants $ 3,609,604 In School Suspension $ 22,166,686 Special Instructional Assistance $ 69,091,100 Middle School Incentive $ 68,702,696 Special Education Low - Incidence Grants $ 483,628 Non-QBE Grants: Education of Children of Low-Income Families $ 143,999,894 Retirement (H.B. 272 and H.B. 1321) $ 5,173,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 1,896,312 Severely Emotionally Disturbed $ 39,621,548 School Lunch (Federal) $ 188,375,722

Page 1096

School Lunch (State) $ 26,798,985 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 2,005,097 Regional Education Service Agencies $ 8,899,461 Georgia Learning Resources System $ 3,528,045 High School Program $ 21,827,731 Special Education in State Institutions $ 4,782,130 Governor's Scholarships $ 2,818,424 Counselors $ 6,661,809 Vocational Research and Curriculum $ 293,520 Even Start $ 2,720,906 Salaries and Travel of Public Librarians $ 11,453,167 Public Library Materials $ 5,719,142 Talking Book Centers $ 992,239 Public Library M O $ 4,039,395 Child Care Lunch Program (Federal) $ 25,244,070 Chapter II - Block Grant Flow Through $ 9,663,513 Payment of Federal Funds to Board of Technical and Adult Education $ 14,395,919 Education of Homeless Children/Youth $ 601,772 Innovative Programs $ 1,690,215 Next Generation School Grants $ 2,443,700 Limited English-Speaking Students Program $ 10,876,940 Drug Free School (Federal) $ 11,625,943 At Risk Summer School Program $ 6,000,000 Emergency Immigrant Education Program $ 164,514 Title II Math/Science Grant (Federal) $ 5,042,895 Robert C. Byrd Scholarship (Federal) $ 273,723 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 99,047,892 Pre-School Handicapped Program $ 14,199,935 Mentor Teachers $ 1,250,000 Nutrition Education $ 0 Advanced Placement Exams $ 1,842,422 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,875,664 Alternative Programs $ 12,126,442 Superintendent's Base Salary $ 0 Environmental Science Grants $ 100,000 Pay for Performance $ 3,000,000 Mentoring Program $ 500,000 Charter Schools $ 50,000 Technology Specialist $ 12,827,367 Total Funds Budgeted $ 4,204,405,398 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,702,945,970

Page 1097

Departmental Functional Budgets Total Funds State Funds State Administration $ 7,393,770 $ 6,591,747 Instructional Services $ 23,566,326 $ 18,920,099 Governor's Honors Program $ 1,243,947 $ 1,159,121 Administrative Services $ 17,497,955 $ 13,257,344 Special Services $ 6,436,607 $ 3,062,640 Professional Practices Commission $ 902,314 $ 902,314 Local Programs $ 4,131,142,778 $ 3,643,619,324 Georgia Academy for the Blind $ 5,192,239 $ 4,949,611 Georgia School for the Deaf $ 5,971,310 $ 5,742,214 Atlanta Area School for the Deaf $ 5,058,152 $ 4,741,556 Total $ 4,204,405,398 $ 3,702,945,970 B. Budget Unit: Lottery for Education $ 181,656,245 Pre-Kindergarten for 4-year-olds $ 157,646,245 Applied Technology Labs $ 0 Next Generation Schools $ 500,000 Drug and Anti-Violence Education $ 0 Alternative Programs $ 5,000,000 Educational Technology Centers $ 900,000 Distant Learning - Satellite Dishes $ 0 Model Technology Schools $ 250,000 Capital Outlay $ 13,000,000 Post Secondary Options $ 1,200,000 Learning Logic Sites $ 1,000,000 Media Center/Library Equipment $ 2,160,000 Total Funds Budgeted $ 181,656,245 Lottery Funds Budgeted $ 181,656,245 Section 13. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Personal Services $ 1,707,266 Regular Operating Expenses $ 342,000 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 20,608

Page 1098

Computer Charges $ 564,140 Real Estate Rentals $ 302,000 Telecommunications $ 24,714 Per Diem, Fees and Contracts $ 1,167,000 Benefits to Retirees $ 0 Total Funds Budgeted $ 4,148,228 State Funds Budgeted $ 0 Section 14. Forestry Commission . Budget Unit: Forestry Commission $ 36,533,648 Personal Services $ 30,021,438 Regular Operating Expenses $ 5,931,099 Travel $ 159,937 Motor Vehicle Purchases $ 1,313,670 Equipment $ 1,757,312 Computer Charges $ 416,000 Real Estate Rentals $ 54,764 Telecommunications $ 928,106 Per Diem, Fees and Contracts $ 486,831 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 241,752 Total Funds Budgeted $ 41,400,909 State Funds Budgeted $ 36,533,648 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,777,188 $ 26,304 Field Services $ 35,453,642 $ 32,505,420 General Administration and Support $ 4,170,079 $ 4,001,924 Total $ 41,400,909 $ 36,533,648 Section 15. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 46,352,276 Personal Services $ 33,685,416 Regular Operating Expenses $ 4,061,588 Travel $ 524,727 Motor Vehicle Purchases $ 830,397 Equipment $ 1,786,463 Computer Charges $ 761,736 Real Estate Rentals $ 2,063,323 Telecommunications $ 885,811 Per Diem, Fees and Contracts $ 1,243,815

Page 1099

Evidence Purchased $ 509,000 Capital Outlay $ 0 Total Funds Budgeted $ 46,352,276 State Funds Budgeted $ 46,352,276 Departmental Functional Budgets Total Funds State Funds Administration $ 3,778,310 $ 3,778,310 Investigative $ 24,315,275 $ 24,315,275 Georgia Crime Information Center $ 8,339,238 $ 8,339,238 Forensic Sciences $ 9,919,453 $ 9,919,453 Total $ 46,352,276 $ 46,352,276 Section 16. Office of the Governor . A. Budget Unit: Office of the Governor $ 31,692,063 Personal Services $ 15,412,038 Regular Operating Expenses $ 995,619 Travel $ 304,734 Motor Vehicle Purchases $ 0 Equipment $ 108,346 Computer Charges $ 685,977 Real Estate Rentals $ 1,019,100 Telecommunications $ 378,556 Per Diem, Fees and Contracts $ 5,103,427 Cost of Operations $ 3,512,745 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,500,000 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 4,000,000 Art Grants of Non-State Funds $ 372,960 Humanities Grant - State Funds $ 130,600 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,189,700 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 Grants - Local EMA $ 1,085,968 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 39,140,145 State Funds Budgeted $ 31,692,063

Page 1100

Departmental Functional Budgets Total Funds State Funds Governor's Office $ 7,217,745 $ 7,217,745 Office of Fair Employment Practices $ 993,023 $ 835,023 Office of Planning and Budget $ 7,982,873 $ 7,982,873 Council for the Arts $ 5,332,770 $ 4,546,670 Office of Consumer Affairs $ 2,858,219 $ 2,858,219 Vocational Education Advisory Council $ 356,491 $ 89,065 Office of Consumers' Utility Council $ 591,704 $ 591,704 Criminal Justice Coordinating Council $ 1,351,302 $ 411,983 Children and Youth Coordinating Council $ 1,900,826 $ 547,826 Human Relations Commission $ 320,864 $ 320,864 Professional Standards Commission $ 4,828,157 $ 4,828,157 Georgia Emergency Management Agency $ 5,179,611 $ 1,235,374 Office of State Olympic Coordination $ 226,560 $ 226,560 Total $ 39,140,145 $ 31,692,063 Section 17. Department of Human Resources . A. Budget Unit: Departmental Operations $ 710,265,627 1. General Administration and Support Budget: Personal Services $ 52,015,872 Regular Operating Expenses $ 2,271,923 Travel $ 1,372,316 Motor Vehicle Purchases $ 1,691,555 Equipment $ 96,548 Real Estate Rentals $ 4,878,258

Page 1101

Per Diem, Fees and Contracts $ 6,366,179 Computer Charges $ 1,381,559 Telecommunications $ 691,236 Special Purpose Contracts $ 284,000 Service Benefits for Children $ 46,878,658 Purchase of Service Contracts $ 36,680,743 Institutional Repairs and Maintenance $ 73,440 Postage $ 1,002,368 Payments to DMA-Community Care $ 15,826,037 Total Funds Budgeted $ 171,510,692 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 109,405,758 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 6,450,406 $ 5,793,207 Budget Administration $ 2,109,121 $ 2,109,121 Office of Children and Youth $ 46,878,658 $ 34,994,603 Administrative Support Services $ 20,190,555 $ 18,547,401 Facilities Management $ 5,600,530 $ 4,346,534 Administrative Appeals $ 2,051,883 $ 2,051,883 Regulatory Services - Program Direction and Support $ 1,192,636 $ 1,182,636 Child Care Licensing $ 2,986,341 $ 2,986,341 Health Care Facilities Regulation $ 9,487,377 $ 3,947,274 Fraud and Abuse $ 6,224,787 $ 2,319,475 Financial Services $ 6,161,808 $ 5,961,808 Auditing Services $ 1,847,154 $ 1,847,154 Personnel Administration $ 1,810,640 $ 1,810,640 Indirect Cost $ 0 $ (8,297,568) Public Affairs $ 523,853 $ 523,853 Aging Services $ 56,264,499 $ 27,630,952

Page 1102

State Health Planning Agency $ 1,730,444 $ 1,650,444 Total $ 171,510,692 $ 109,405,758 2. Public Health Budget: Personal Services $ 53,551,370 Regular Operating Expenses $ 77,600,568 Travel $ 946,970 Motor Vehicle Purchases $ 0 Equipment $ 99,005 Real Estate Rentals $ 1,381,103 Per Diem, Fees and Contracts $ 5,172,215 Computer Charges $ 1,177,762 Telecommunications $ 1,232,086 Crippled Children's Benefits $ 0 Kidney Disease Benefits $ 315,247 Cancer Control Benefits $ 4,007,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 0 Family Planning Benefits $ 656,222 Crippled Children's Clinics $ 0 Special Purpose Contracts $ 682,869 Purchase of Service Contracts $ 12,186,281 Grant-In-Aid to Counties $ 119,643,795 Institutional Repairs and Maintenance $ 34,500 Postage $ 123,731 Grants for Regional Maternal and Infant Care $ 845,769 Total Funds Budgeted $ 279,656,493 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 151,789,843 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,169,559 $ 12,039,884 Newborn Follow-Up Care $ 1,293,984 $ 1,048,455 Dental Health $ 1,451,729 $ 1,241,554 Stroke and Heart Attack Prevention $ 2,242,161 $ 1,712,161 Sickle Cell, Vision and Hearing $ 4,301,429 $ 3,905,127

Page 1103

High-Risk Pregnant Women and Infants $ 5,505,221 $ 5,393,221 Sexually Transmitted Diseases $ 2,584,776 $ 400,525 Family Planning $ 10,296,275 $ 5,627,978 Malnutrition $ 82,463,644 $ 0 Grant in Aid to Counties $ 61,489,732 $ 60,590,878 Children's Medical Services $ 13,789,517 $ 6,960,374 Emergency Health $ 3,274,089 $ 2,217,541 Primary Health Care $ 1,980,145 $ 1,835,982 Epidemiology $ 495,945 $ 345,955 Immunization $ 987,181 $ 17,244 Community Tuberculosis Control $ 6,558,655 $ 5,237,894 Maternal and Child Health Management $ 1,105,489 $ 757,689 Infant and Child Health $ 1,363,586 $ 505,089 Maternal Health - Perinatal $ 2,068,862 $ 893,724 Chronic Disease $ 1,053,952 $ 1,053,952 Diabetes $ 542,182 $ 542,182 Cancer Control $ 4,960,352 $ 4,960,352 Director's Office $ 1,072,310 $ 875,085 Employees' Health $ 0 $ 0 Health Program Management $ 1,916,394 $ 1,824,179 Vital Records $ 1,882,812 $ 1,653,133 Health Services Research $ 2,528,591 $ 2,305,773 Environmental Health $ 872,038 $ 695,945 Laboratory Services $ 5,566,771 $ 5,446,771 Community Care $ 4,136,288 $ 1,567,182

Page 1104

Community Health Management $ 427,606 $ 248,157 Aids $ 8,722,158 $ 4,643,406 Vaccines $ 11,040,507 $ 1,202,280 Drug and Clinic Supplies $ 3,316,626 $ 2,560,006 Adolescent Health $ 3,242,270 $ 2,181,510 Public Health - Planning Councils $ 177,529 $ 160,032 Early Intervention $ 12,776,128 $ 10,674,341 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 279,656,493 $ 151,789,843 3. Rehabilitation Services Budget: Personal Services $ 73,081,291 Regular Operating Expenses $ 11,853,178 Travel $ 1,128,611 Motor Vehicle Purchases $ 83,000 Equipment $ 623,318 Real Estate Rentals $ 4,393,810 Per Diem, Fees and Contracts $ 8,146,569 Computer Charges $ 2,285,247 Telecommunications $ 1,577,417 Case Services $ 25,005,093 E.S.R.P. Case Services $ 28,505 Special Purpose Contracts $ 713,163 Purchase of Services Contracts $ 10,829,323 Institutional Repairs and Maintenance $ 215,000 Utilities $ 937,269 Postage $ 814,786 Total Funds Budgeted $ 141,715,580 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,247,831 Departmental Functional Budgets Total Funds State Funds District Field Services $ 47,367,648 $ 10,299,779 Independent Living $ 1,018,606 $ 719,491 Sheltered Employment $ 1,717,161 $ 817,687

Page 1105

Community Facilities $ 9,369,483 $ 3,431,010 State Rehabilitation Facilities $ 6,812,589 $ 1,452,195 Diversified Industries of Georgia $ 809,166 $ 0 Program Direction and Support $ 4,143,644 $ 1,312,832 Grants Management $ 722,458 $ 722,458 Disability Adjudication $ 33,984,616 $ 0 Georgia Factory for Blind $ 12,409,975 $ 827,513 Roosevelt Warm Springs Institute $ 23,360,234 $ 4,664,866 Total $ 141,715,580 $ 24,247,831 4. Family and Children Services Budget: Personal Services $ 44,005,628 Regular Operating Expenses $ 4,430,544 Travel $ 941,517 Motor Vehicle Purchases $ 0 Equipment $ 379,848 Real Estate Rentals $ 2,861,264 Per Diem, Fees and Contracts $ 19,454,509 Computer Charges $ 27,722,082 Telecommunications $ 9,652,808 Children's Trust Fund $ 2,201,792 Cash Benefits $ 450,318,784 Special Purpose Contracts $ 4,939,195 Service Benefits for Children $ 204,014,909 Purchase of Service Contracts $ 15,530,266 Postage $ 4,637,256 Grants to County DFACS - Operations $ 285,051,896 Total Funds Budgeted $ 1,076,142,298 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 424,822,195 Departmental Functional Budgets Total Funds State Funds Director's Office $ 551,661 $ 551,661 Social Services $ 4,312,973 $ 3,917,780 Administrative Support $ 6,705,847 $ 5,393,171

Page 1106

Quality Assurance $ 3,858,939 $ 3,858,939 Community Services $ 12,160,182 $ 923,957 Field Management $ 1,149,049 $ 1,149,049 Human Resources Management $ 2,057,539 $ 1,867,917 Public Assistance $ 31,896,839 $ 14,148,713 Child Support Recovery $ 59,709,900 $ 4,834,840 AFDC Payments $ 438,479,664 $ 166,709,968 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,420 $ 0 Energy Benefits $ 9,893,600 $ 0 County DFACS Operations - Eligibility $ 113,919,026 $ 56,892,944 County DFACS Operations - Social Services $ 87,946,600 $ 31,527,769 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS Operations - Homemakers Services $ 8,034,943 $ 2,456,667 County DFACS Operations - Joint and Administration $ 61,607,240 $ 31,354,234 County DFACS Operations - Employability Program $ 13,544,087 $ 5,211,640 Employability Benefits $ 28,898,186 $ 11,695,177 Legal Services $ 3,190,503 $ 2,420,990 Family Foster Care $ 37,078,856 $ 24,777,679 Institutional Foster Care $ 10,625,850 $ 8,329,504 Specialized Foster Care $ 2,339,602 $ 2,117,103 Adoption Supplement $ 10,978,269 $ 8,237,408 Prevention of Foster Care $ 11,544,785 $ 7,408,642 Day Care $ 105,227,651 $ 32,696,098

Page 1107

Outreach - Contracts $ 156,620 $ 156,620 Special Projects $ 2,081,823 $ 2,057,591 Children's Trust Fund $ 2,201,792 $ 2,201,792 Indirect Cost $ 0 $ (8,075,758) Total $ 1,076,142,298 $ 424,822,195 Budget Unit Object Classes: Personal Services $ 222,654,161 Regular Operating Expenses $ 96,156,213 Travel $ 4,389,414 Motor Vehicle Purchases $ 1,774,555 Equipment $ 1,198,719 Real Estate Rentals $ 13,514,435 Per Diem, Fees and Contracts $ 39,139,472 Computer Charges $ 32,566,650 Telecommunications $ 13,153,547 Crippled Children's Benefits $ 0 Kidney Disease Benefits $ 315,247 Cancer Control Benefits $ 4,007,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 0 Family Planning Benefits $ 656,222 Case Services $ 25,005,093 E.S.R.P. Case Services $ 28,505 Crippled Children's Clinics $ 0 Children's Trust Fund $ 2,201,792 Cash Benefits $ 450,318,784 Special Purpose Contracts $ 6,619,227 Service Benefits for Children $ 250,893,567 Purchase of Service Contracts $ 75,226,613 Grant-In-Aid to Counties $ 119,643,795 Institutional Repairs and Maintenance $ 322,940 Utilities $ 937,269 Postage $ 6,578,141 Payments to DMA-Community Care $ 15,826,037 Grants for Regional Maternal and Infant Care $ 845,769 Grants to County DFACS - Operations $ 285,051,896 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 503,305,440 Personal Services $ 367,486,851 Operating Expenses $ 61,336,021 Motor Vehicle Equipment Purchases $ 847,000 Utilities $ 12,310,286 Major Maintenance and Construction $ 2,021,190 Community Services $ 272,400,359

Page 1108

Total Funds Budgeted $ 716,401,707 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 503,305,440 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,792,945 $ 25,677,675 Brook Run $ 33,252,924 $ 14,543,596 Georgia Mental Health Institute $ 27,526,271 $ 25,608,469 Georgia Regional Hospital at Augusta $ 22,348,015 $ 20,461,123 Northwest Regional Hospital at Rome $ 28,934,664 $ 21,471,929 Georgia Regional Hospital at Atlanta $ 29,746,126 $ 25,191,135 Central State Hospital $ 146,751,101 $ 86,804,338 Georgia Regional Hospital at Savannah $ 19,427,838 $ 17,746,517 Gracewood State School and Hospital $ 51,652,648 $ 22,329,112 West Central Regional Hospital $ 19,807,663 $ 17,021,424 Outdoor Therapeutic Programs $ 3,846,635 $ 2,937,700 Metro Drug Abuse Centers $ 1,610,633 $ 1,415,133 Community Mental Health Services $ 123,716,464 $ 117,482,497 Community Mental Retardation Services $ 102,125,861 $ 65,810,955 Community Substance Abuse Services $ 51,086,233 $ 28,412,745 State Administration $ 10,107,865 $ 6,723,271 Regional Administration $ 3,667,821 $ 3,667,821 Total $ 716,401,707 $ 503,305,440

Page 1109

Section 18. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 25,876,096 Personal Services $ 9,405,142 Regular Operating Expenses $ 1,621,570 Travel $ 360,000 Motor Vehicle Purchases $ 59,978 Equipment $ 142,672 Computer Charges $ 154,666 Real Estate Rentals $ 1,042,415 Telecommunications $ 302,000 Per Diem, Fees and Contracts $ 1,343,178 Local Welcome Center Contracts $ 181,600 Marketing $ 10,859,580 Georgia Ports Authority Lease Rentals $ 1,240,000 Foreign Currency Reserve $ 43,095 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 26,805,896 State Funds Budgeted $ 25,876,096 Departmental Functional Budgets Total Funds State Funds Administration $ 15,412,679 $ 14,792,879 Economic Development $ 4,645,599 $ 4,545,599 Trade $ 1,694,389 $ 1,694,389 Tourism $ 5,053,229 $ 4,843,229 Total $ 26,805,896 $ 25,876,096 Section 19. Department of Insurance . Budget Unit: Department of Insurance $ 15,756,518 Personal Services $ 13,982,959 Regular Operating Expenses $ 722,723 Travel $ 401,560 Motor Vehicle Purchases $ 113,850 Equipment $ 66,880 Computer Charges $ 442,990 Real Estate Rentals $ 806,814 Telecommunications $ 317,300 Per Diem, Fees and Contracts $ 208,242 Health Care Utilization Review $ 0 Total Funds Budgeted $ 17,063,318 State Funds Budgeted $ 15,756,518

Page 1110

Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,263,447 $ 4,263,447 Insurance Regulation $ 6,820,532 $ 6,820,532 Industrial Loans Regulation $ 551,813 $ 551,813 Fire Safety and Mobile Home Regulations $ 5,427,526 $ 4,120,726 Total $ 17,063,318 $ 15,756,518 Section 20. Department of Labor . Budget Unit: Department of Labor $ 7,942,762 Personal Services $ 68,510,067 Regular Operating Expenses $ 7,424,929 Travel $ 1,346,137 Motor Vehicle Purchases $ 0 Equipment $ 844,965 Computer Charges $ 7,151,101 Real Estate Rentals $ 2,150,518 Telecommunications $ 1,343,288 Per Diem, Fees and Contracts (JTPA) $ 66,500,000 Per Diem, Fees and Contracts $ 3,164,280 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 3,685,000 Total Funds Budgeted $ 163,894,364 State Funds Budgeted $ 7,942,762 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 29,192,936 $ 5,421,641 Employment and Training Services $ 134,701,428 $ 2,521,121 Total $ 163,894,364 $ 7,942,762 Section 21. Departmental of Law . Budget Unit: Department of Law $ 12,248,879 Personal Services $ 11,046,739 Regular Operating Expenses $ 610,488 Travel $ 129,322

Page 1111

Motor Vehicle Purchases $ 0 Equipment $ 65,240 Computer Charges $ 360,793 Real Estate Rentals $ 504,813 Telecommunications $ 140,424 Per Diem, Fees and Contracts $ 150,000 Books for State Library $ 147,000 Total Funds Budgeted $ 13,154,819 State Funds Budgeted $ 12,248,879 Section 22. Department of Medical Assistance . A. Budget Unit: Medicaid Services $ 1,202,531,154 Personal Services $ 14,972,985 Regular Operating Expenses $ 4,937,733 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 39,500 Computer Charges $ 27,341,065 Real Estate Rentals $ 885,000 Telecommunications $ 425,000 Per Diem, Fees and Contracts $ 67,660,024 Medicaid Benefits, Penalties and Disallowances $ 3,338,926,348 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,456,148,555 State Funds Budgeted $ 1,202,531,154 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 61,232,434 $ 2,826,097 Benefits, Penalties and Disallowances $ 3,338,926,348 $ 1,178,597,996 Long Term Care $ 1,259,211 $ 453,498 Systems Management $ 33,326,976 $ 10,312,656 Professional Services $ 2,331,319 $ 995,004 Maternal and Child Health $ 1,046,308 $ 439,449 Financial and Hospital Reimbursement $ 4,914,710 $ 2,420,877 Nursing Home Reimbursement $ 6,329,237 $ 3,164,618 Managed Care $ 1,725,946 $ 792,926

Page 1112

Legal and Regulatory $ 5,056,066 $ 2,528,033 Total $ 3,456,148,555 $ 1,202,531,154 B. Budget Unit: Indigent Trust Fund $ 146,300,000 Per Diem, Fees and Contracts $ 7,860,216 Benefits $ 377,139,784 Total Funds Budgeted $ 385,000,000 State Funds Budgeted $ 146,300,000 Section 23. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 8,564,000 Regular Operating Expenses $ 1,885,130 Travel $ 88,512 Equipment $ 14,161 Real Estate Rents $ 921,758 Per Diem, Fees and Contracts $ 159,320,065 Computer Charges $ 3,275,673 Telecommunications $ 419,923 Health Insurance Payments $ 858,178,798 Total Funds Budgeted $ 1,032,668,020 Other Agency Funds $ 142,256 Agency Assessments $ 11,875,396 Employee and Employer Contributions $ 1,020,494,396 Deferred Compensation $ 155,972 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 3,036,925 $ 0 Applicant Services $ 2,587,089 $ 0 Classification and Compensation $ 1,363,169 $ 0 Flexible Benefits $ 1,317,101 $ 0 Employee Training and Development $ 1,319,859 $ 0 Health Insurance Administration $ 1,019,564,515 $ 0 Accounting and Audits $ 928,350 $ 0

Page 1113

Administration and Systems $ 2,551,012 $ 0 Total $ 1,032,668,020 $ 0 Section 24. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 92,677,562 Personal Services $ 72,346,726 Regular Operating Expenses $ 15,299,301 Travel $ 534,933 Motor Vehicle Purchases $ 2,469,914 Equipment $ 2,532,611 Real Estate Rentals $ 2,581,324 Per Diem, Fees and Contracts $ 3,135,758 Computer Charges $ 864,113 Telecommunications $ 1,260,624 Authority Lease Rentals $ 40,000 Advertising and Promotion $ 200,000 Cost of Material for Resale $ 2,645,300 Capital Outlay: New Construction $ 943,810 Repairs and Maintenance $ 2,719,500 Land Acquisition Support $ 225,000 Wildlife Management Area Land Acquisition $ 800,000 Shop Stock - Parks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 35,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants: Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 270,000 Recreation $ 800,000 Contracts: Paralympic Games $ 100,000 Technical Assistance Contract $ 106,513 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia State Games Commission $ 279,545 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 Payments to Civil War Commission $ 31,000 Hazardous Waste Trust Fund $ 11,512,235 Solid Waste Trust Fund $ 5,276,344 Payments to Georgia Agricultural Exposition Authority $ 2,281,543 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 7,000

Page 1114

Total Funds Budgeted $ 132,818,141 Receipts from Jekyll Island State Park Authority $ 888,185 Receipts from Stone Mountain Memorial Association $ 3,809,517 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,422,256 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 92,677,562 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,649,615 $ 3,649,615 Program Support $ 2,555,848 $ 2,555,848 Historic Preservation $ 2,351,344 $ 1,861,344 Parks, Recreation and Historic Sites $ 41,567,320 $ 16,459,854 Coastal Resources $ 2,430,445 $ 2,309,936 Wildlife Resources $ 35,290,759 $ 30,546,338 Environmental Protection $ 43,733,688 $ 34,055,505 Pollution Prevention Program $ 1,239,122 $ 1,239,122 Total $ 132,818,141 $ 92,677,562 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 2,281,819 Regular Operating Expenses $ 1,774,578 Travel $ 21,059 Motor Vehicle Purchases $ 12,000 Equipment $ 85,000 Computer Charges $ 15,000 Real Estate Rentals $ 0 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 645,000 Capital Outlay $ 0 Total Funds Budgeted $ 4,872,456 State Funds Budgeted $ 0

Page 1115

Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 4,872,456 $ 0 Section 25. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 101,499,190 1. Operations Budget: Personal Services $ 59,895,729 Regular Operating Expenses $ 7,838,000 Travel $ 145,742 Motor Vehicle Purchases $ 4,435,930 Equipment $ 605,752 Computer Charges $ 3,701,067 Real Estate Rentals $ 23,116 Telecommunications $ 1,418,147 Per Diem, Fees and Contracts $ 3,249,086 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Conviction Reports $ 3,500 Total Funds Budgeted $ 81,466,069 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 79,816,069 2. Driver Services Budget: Personal Services $ 17,085,371 Regular Operating Expenses $ 1,751,262 Travel $ 25,800 Motor Vehicle Purchases $ 0 Equipment $ 119,077 Computer Charges $ 137,000 Real Estate Rentals $ 53,108 Telecommunications $ 628,853 Per Diem, Fees and Contracts $ 62,500 Capital Outlay $ 0 Conviction Reports $ 300,150 State Patrol Posts Repairs and Maintenance $ 30,000 Driver License Processing $ 1,490,000 Total Funds Budgeted $ 21,683,121 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 21,683,121 Departmental Functional Budgets Total Funds State Funds Administration $ 21,728,257 $ 20,228,257 Driver Services $ 21,683,121 $ 21,683,121 Field Operations $ 59,737,812 $ 59,587,812 Total $ 103,149,190 $ 101,499,190

Page 1116

B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,635,111 Attached Units Budget: Personal Services $ 10,215,092 Regular Operating Expenses $ 2,971,186 Travel $ 132,300 Motor Vehicle Purchases $ 72,536 Equipment $ 227,278 Computer Charges $ 210,962 Real Estate Rentals $ 329,001 Telecommunications $ 244,071 Per Diem, Fees and Contracts $ 730,260 Highway Safety Grant $ 2,623,660 Peace Officers Training Grants $ 932,505 Capital Outlay $ 0 Total Funds Budgeted $ 18,688,851 State Funds Budgeted $ 14,635,111 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,241,870 $ 318,130 Georgia Peace Officers Standards and Training $ 5,743,163 $ 5,743,163 Police Academy $ 1,116,282 $ 1,046,282 Fire Academy $ 1,202,250 $ 1,092,250 Georgia Firefighters Standards and Training Council $ 444,494 $ 444,494 Georgia Public Safety Training Facility $ 6,940,792 $ 5,990,792 Total $ 18,688,851 $ 14,635,111 Section 26. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 13,315,000 Payments to Employees' Retirement System $ 575,000 Employer Contributions $ 12,740,000 Total Funds Budgeted $ 13,315,000 State Funds Budgeted $ 13,315,000 Section 27. Public Service Commission . Budget Unit: Public Service Commission $ 8,757,763 Personal Services $ 7,033,660

Page 1117

Regular Operating Expenses $ 529,000 Travel $ 256,756 Motor Vehicle Purchases $ 103,000 Equipment $ 44,621 Computer Charges $ 425,899 Real Estate Rentals $ 331,039 Telecommunications $ 134,962 Per Diem, Fees and Contracts $ 1,840,000 Total Funds Budgeted $ 10,698,937 State Funds Budgeted $ 8,757,763 Departmental Functional Budgets Total Funds State Funds Administration $ 1,911,504 $ 1,911,504 Transportation $ 3,530,828 $ 1,793,468 Utilities $ 5,256,605 $ 5,052,791 Total $ 10,698,937 $ 8,757,763 Section 28. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 1,081,433,473 Personal Services: Educ., Gen., and Dept. Svcs $ 1,157,829,143 Sponsored Operations $ 202,917,763 Operating Expenses: Educ., Gen., and Dept. Svcs $ 289,713,286 Sponsored Operations $ 145,787,679 Special Funding Initiative $ 15,314,094 Office of Minority Business Enterprise $ 994,628 Student Education Enrichment Program $ 364,360 Forestry Research $ 362,508 Research Consortium $ 5,000,000 Capital Outlay $ 0 Total Funds Budgeted $ 1,818,283,461 Departmental Income $ 42,000,000 Sponsored Income $ 348,705,442 Other Funds $ 343,117,246 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 1,081,433,473 B. Budget Unit: Regents Central Office and Other Organized Activities $ 170,400,400 Personal Services: Educ., Gen., and Dept. Svcs $ 262,553,904 Sponsored Operations $ 69,874,000

Page 1118

Operating Expenses: Educ., Gen., and Dept. Svcs $ 126,767,428 Sponsored Operations $ 38,184,000 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,342,532 Advanced Technology Development Center $ 1,979,060 Capitation Contracts for Family Practice Residency $ 3,548,759 Residency Capitation Grants $ 2,484,870 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 6,619,012 Morehouse School of Medicine Grant $ 5,549,778 Capital Outlay $ 35,000 Center for Rehabilitation Technology $ 2,072,196 SREB Payments $ 5,397,800 Medical Scholarships $ 1,347,852 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 1,034,952 CRT Inc. Contract at Georgia Tech Research Institute $ 219,372 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 14,227,443 Total Funds Budgeted $ 545,184,358 Departmental Income $ 0 Sponsored Income $ 109,330,000 Other Funds $ 264,898,258 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 170,400,400 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 1,962,984 $ 1,345,184 Skidaway Institute of Oceanography $ 3,923,849 $ 1,532,120 Marine Institute $ 1,388,994 $ 988,994 Georgia Tech Research Institute $ 116,731,291 $ 13,708,799 Education Extension Services $ 10,733,002 $ 2,547,910

Page 1119

Agricultural Experiment Station $ 57,036,775 $ 36,448,122 Cooperative Extension Service $ 47,836,216 $ 30,023,899 Medical College of Georgia Hospital and Clinics $ 245,207,899 $ 31,697,885 Veterinary Medicine Experiment Station $ 2,731,531 $ 2,731,531 Veterinary Medicine Teaching Hospital $ 2,746,641 $ 512,595 Joint Board of Family Practice $ 23,790,701 $ 23,790,701 Georgia Radiation Therapy Center $ 2,920,000 $ 0 Athens and Tifton Veterinary Laboratories $ 3,121,122 $ 121,122 Regents Central Office $ 24,698,753 $ 24,596,938 Office of Technology Policy $ 354,600 $ 354,600 Total $ 545,184,358 $ 170,400,400 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 8,428,471 Operating Expenses $ 14,858,307 Total Funds Budgeted $ 23,286,778 Other Funds $ 23,286,778 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 80,570,611 Equipment, Technology and Construction Trust Fund $ 18,000,000 Capital Outlay - Georgia Military College $ 3,500,000 Capital Outlay - Georgia College $ 300,000 Georgia Research Alliance $ 28,917,000 Capital Outlay - Albany State College $ 3,639,611 Capital Outlay - State Library and Museum $ 4,200,000 Special Funding Initiatives $ 12,514,000 Mercer Medical School Grant - Equipment $ 1,500,000 Morehouse School of Medicine Grant - Equipment $ 1,500,000 Capital Outlay $ 5,000,000

Page 1120

Capital Outlay - Agricultural Experiment Stations $ 1,500,000 Total Funds Budgeted $ 80,570,611 Lottery Funds Budgeted $ 80,570,611 Section 29. Department of Revenue . Budget Unit: Department of Revenue $ 95,619,590 Personal Services $ 57,889,998 Regular Operating Expenses $ 5,531,584 Travel $ 1,382,540 Motor Vehicle Purchases $ 242,843 Equipment $ 718,220 Computer Charges $ 14,317,520 Real Estate Rentals $ 2,830,695 Telecommunications $ 3,136,805 Per Diem, Fees and Contracts $ 575,300 County Tax Officials/Retirement and FICA $ 3,358,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 6,458,350 Postage $ 3,877,810 Total Funds Budgeted $ 100,320,460 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 95,619,590 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 6,901,246 $ 6,901,246 Internal Administration $ 11,795,557 $ 11,595,557 Electronic Data Processing $ 9,908,400 $ 9,093,200 Field Services $ 18,614,516 $ 18,314,516 Income Tax Unit $ 7,981,607 $ 7,281,607 Motor Vehicle Unit $ 24,799,242 $ 23,499,242 Central Audit Unit $ 7,622,058 $ 7,622,058 Property Tax Unit $ 4,490,697 $ 3,434,827 Sales Tax Unit $ 4,191,469 $ 3,861,669 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 3,969,668 $ 3,969,668 Total $ 100,320,460 $ 95,619,590

Page 1121

Section 30. Secretary of State . A. Budget Unit: Secretary of State $ 28,702,778 Personal Services $ 17,478,043 Regular Operating Expenses $ 3,973,431 Travel $ 243,800 Motor Vehicle Purchases $ 105,510 Equipment $ 93,840 Computer Charges $ 2,423,793 Real Estate Rentals $ 2,462,246 Telecommunications $ 957,367 Per Diem, Fees and Contracts $ 1,309,748 Election Expenses $ 700,000 Total Funds Budgeted $ 29,747,778 State Funds Budgeted $ 28,702,778 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,655,132 $ 3,625,132 Archives and Records $ 5,111,689 $ 5,036,689 Business Services and Regulation $ 5,035,065 $ 4,265,065 Elections and Campaign Disclosure $ 4,266,357 $ 4,246,357 Drugs and Narcotics $ 1,144,112 $ 1,144,112 State Ethics Commission $ 382,802 $ 382,802 State Examining Boards $ 10,082,621 $ 9,932,621 Holocaust Commission $ 70,000 $ 70,000 Total $ 29,747,778 $ 28,702,778 B. Budget Unit: Real Estate Commission $ 2,149,663 Personal Services $ 1,266,704 Regular Operating Expenses $ 157,100 Travel $ 15,000 Motor Vehicle Purchases $ 23,000 Equipment $ 10,631 Computer Charges $ 335,622 Real Estate Rentals $ 165,300 Telecommunications $ 41,556 Per Diem, Fees and Contracts $ 134,750 Total Funds Budgeted $ 2,149,663 State Funds Budgeted $ 2,149,663

Page 1122

Departmental Functional Budgets Cost of State Funds Operations Real Estate Commission $ 2,149,663 $ 2,189,663 Section 31. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 2,182,494 Personal Services $ 1,054,598 Regular Operating Expenses $ 210,954 Travel $ 40,520 Motor Vehicle Purchases $ 27,450 Equipment $ 11,910 Computer Charges $ 9,000 Real Estate Rentals $ 90,591 Telecommunications $ 19,090 Per Diem, Fees and Contracts $ 486,842 County Conservation Grants $ 400,000 Total Funds Budgeted $ 2,350,955 State Funds Budgeted $ 2,182,494 Section 32. Student Finance Commission . A. Budget Unit: Student Finance Commission $ 30,774,366 Personal Services $ 5,097,032 Regular Operating Expenses $ 602,250 Travel $ 101,800 Motor Vehicle Purchases $ 0 Equipment $ 20,500 Computer Charges $ 245,180 Real Estate Rentals $ 44,800 Telecommunications $ 236,750 Per Diem, Fees and Contracts $ 208,690 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 22,304,520 Student Incentive Grants $ 5,003,940 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 70,000 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 680,000 Paul Douglas Teacher Scholarship Loans $ 390,000 Total Funds Budgeted $ 39,219,462 State Funds Budgeted $ 30,774,366

Page 1123

Departmental Functional Budgets Total Funds State Funds Internal Administration $ 5,547,664 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 32,662,460 $ 30,224,718 Georgia Nonpublic Postsecondary Education Commission $ 1,009,338 $ 549,648 Total $ 39,219,462 $ 30,774,366 B. Budget Unit: Lottery for Education $ 119,081,000 Hope Financial Aid - Tuition $ 52,195,950 Hope Financial Aid - Books $ 14,417,200 Hope Financial Aid - Fees $ 7,906,850 Tuition Equalization Grants $ 31,125,000 Georgia Military College Scholarship $ 336,000 LEPD Scholarship $ 100,000 Teacher Scholarships $ 10,000,000 Promise Scholarships $ 3,000,000 Total Funds Budgeted $ 119,081,000 Lottery Funds Budgeted $ 119,081,000 Section 33. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 4,075,000 Personal Services $ 4,178,685 Regular Operating Expenses $ 392,000 Travel $ 30,000 Motor Vehicle Purchases $ 0 Equipment $ 13,100 Computer Charges $ 1,045,542 Real Estate Rentals $ 469,750 Telecommunications $ 91,617 Per Diem, Fees and Contracts $ 401,000 Retirement System Members $ 3,650,000 Floor Fund for Local Retirement Systems $ 425,000 Total Funds Budgeted $ 10,696,694 State Funds Budgeted $ 4,075,000 Section 34. Department of Technical and Adult Education . A. Budget Unit: Department of Technical and Adult Education $ 166,597,224 Personal Services $ 4,126,803

Page 1124

Regular Operating Expenses $ 413,225 Travel $ 120,500 Motor Vehicle Purchases $ 0 Equipment $ 15,000 Computer Charges $ 837,200 Real Estate Rentals $ 365,610 Telecommunications $ 195,000 Per Diem, Fees and Contracts $ 510,000 Personal Services-Institutions $ 114,178,595 Operating Expenses-Institutions $ 22,447,798 Capital Outlay $ 0 Quick Start Program $ 6,544,505 Area School Program $ 29,779,795 Regents Program $ 2,957,857 Adult Literacy Grants $ 17,685,945 Total Funds Budgeted $ 200,177,833 State Funds Budgeted $ 166,597,224 Departmental Functional Budgets Total Funds State Funds Administration $ 6,583,338 $ 4,654,661 Institutional Programs $ 193,594,495 $ 161,942,563 Total $ 200,177,833 $ 166,597,224 B. Budget Unit: Lottery for Education $ 39,248,713 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 31,363,460 Equipment-Technical Institutes $ 6,885,253 Total Funds Budgeted $ 0 Lottery Funds Budgeted $ 39,248,713 Section 35. Department of Transportation . Budget Unit: Department of Transportation $ 456,746,541 Personal Services $ 250,050,159 Regular Operating Expenses $ 59,750,505 Travel $ 1,626,000 Motor Vehicle Purchases $ 2,296,000 Equipment $ 7,662,241 Computer Charges $ 4,947,700 Real Estate Rentals $ 1,317,373 Telecommunications $ 2,384,080 Per Diem, Fees and Contracts $ 45,394,107 Capital Outlay $ 706,393,946

Page 1125

Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay - Airport Development $ 1,267,500 Mass Transit Grants $ 14,210,006 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 765,000 Contracts with the Georgia Rail Passenger Authority $ 105,000 Total Funds Budgeted $ 1,099,193,717 State Funds Budgeted $ 456,746,541 Departmental Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 801,224,056 $ 180,579,837 Maintenance and Betterments $ 237,740,337 $ 226,400,337 Facilities and Equipment $ 14,953,830 $ 14,393,830 Administration $ 24,250,996 $ 23,625,996 Total $ 1,078,169,219 $ 445,000,000 General Funds Budget Planning and Construction $ 0 $ 0 Air Transportation $ 1,734,811 $ 1,347,811 Inter-Modal Transfer Facilities $ 18,524,687 $ 9,633,730 Harbor/Intra-Coastal Waterways Activities $ 765,000 $ 765,000 Total $ 21,024,498 $ 11,746,541 Section 36. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 24,343,698 Personal Services $ 4,950,939 Regular Operating Expenses $ 138,700 Travel $ 82,000 Motor Vehicle Purchases $ 19,275 Equipment $ 189,500 Computer Charges $ 25,000 Real Estate Rentals $ 242,700

Page 1126

Telecommunications $ 62,200 Per Diem, Fees and Contracts $ 24,500 Operating Expense/Payments to Central State Hospital $ 18,007,792 Operating Expense/Payments to Medical College of Georgia $ 7,279,376 Regular Operating Expenses for Projects and Insurance $ 627,000 Total Funds Budgeted $ 31,648,982 State Funds Budgeted $ 24,343,698 Departmental Functional Budgets* Total Funds State Funds Veterans Assistance $ 5,638,514 $ 5,367,014 Veterans Home and Nursing Facility - Milledgeville $ 18,551,092 $ 13,717,308 Veterans Nursing Home-Augusta $ 7,459,376 $ 5,259,376 Total $ 31,648,982 $ 24,343,698 Section 37. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 10,454,185 Personal Services $ 8,300,378 Regular Operating Expenses $ 372,074 Travel $ 79,840 Motor Vehicle Purchases $ 0 Equipment $ 27,369 Computer Charges $ 250,531 Real Estate Rentals $ 1,053,290 Telecommunications $ 189,290 Per Diem, Fees and Contracts $ 270,000 Payments to State Treasury $ 101,413 Total Funds Budgeted $ 10,644,185 State Funds Budgeted $ 10,454,185 Section 38. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 295,007,565 Motor Fuel Tax Funds (Issued) $ 70,000,000 $ 365,007,565

Page 1127

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 52,995,920 Motor Fuel Tax Funds (New) $ 0 $ 52,995,920 Section 39. Provisions Relative to Section 3, Judicial Branch . The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 40. Provisions Relative to Section 9, Department of Community Affairs . Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Page 1128

Provided, that from the appropriation made above for Local Assistance Grants, specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount City of Vidalia Operations of Tourism Program $ 5,000 Tift County Construction of Mid-Step Building $ 50,000 Gwinnett County Board of Education Installation of Ballfield Lights at North Gwinnett High School $ 50,000 City of Columbus Furniture and Equipment for New Horizons Community Service Board $ 25,000 City of Atlanta Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University $ 134,000 Chattooga Valley Regional Library System Purchase of Bookmobile and Delivery Van $ 105,000 City of Columbus Repairs and Maintenance for Springer Opera House $ 50,000 City of Graham Operations of City of Graham Correctional Facility $ 25,000 Berrien County Commission Renovation of Historic Jail $ 25,000 City of Union Point Video Monitoring and Surveilance Equipment $ 22,500 City of Rome Renovations for Sara Hightower Regional Library $ 5,000 City of Cave Spring Improvements for Rolator Park $ 40,000 Cobb County Refurbishment and Restoration of B-29 $ 30,000

Page 1129

City of Milan Operations of Milan Arts Center $ 25,000 Laurens County Board of Education Renovate and equip Computer Room at S.W. Laurens Elementary School $ 10,000 Bleckley County Board of Education Construction of a Class-room Building $ 75,000 City of Augusta Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta $ 20,000 Lamar County Board of Commissioners Installation of Fire Hydrants and water lines $ 20,000 City of Atlanta Board of Education Renovation to Capitol View Elementary School $ 11,500 City of Garden City Purchase of Fire Truck $ 10,000 Ware County Reimbursement for Legal Expenses $ 50,000 Newton County Repairs to the Gym/Civic Center $ 75,000 City of LaGrange Renovations to Dawson Street School in LaGrange $ 25,000 Crisp County Board of Education Construction of Green-house $ 30,000 Bibb County Operation of Georgia Project Learning Tree $ 5,000 Jenkins County Board of Education Construction of Livestock Facility $ 75,000 Lowndes County Construction of Health Clinic $ 50,000 Stewart County Restoration to the Historic Well's House $ 35,000

Page 1130

Worth County Board of Commissioners Additional Construction of Worth County Agricultural/Livestock Pavillion $ 25,000 Turner County Board of Education Operating Expenses for Turner County Library $ 5,000 Turner County Board of Education Construction of Bleachers for Turner County High School Football Stadium $ 20,000 City of Atlanta Operations of Comprehensive Youth Services $ 79,489 Mitchell County Board of Education Construction of High School Greenhouse $ 40,000 Wayne County Operation of Motherhood and Beyond $ 30,000 Irwin County Construction of a Livestock and 4-H FFA Training Facility for Irwin and Ben Hill $ 75,000 Muscogee County Renovations to Tender Love and Care Home $ 10,000 Dooly County Byromville Water System improvements $ 10,000 Macon County Board of Education Roof Repairs to Industrial Art Building $ 15,000 Stephens County Board of Education Operation of Medical Station $ 25,000 City of Lavonia Water System Improvements $ 25,000 Monroe County Feasibility Study for Bicycle Trail $ 10,000 City of Loganville Repairs for Library $ 15,000 DeKalb County Operations of Brown's Mill Recreation $ 35,000 DeKalb County Operation of Youthbuild $ 5,000

Page 1131

City of Dalton Operations of Northwest Georgia Girl's Home $ 50,000 Clayton County Board of Education Services provided by Worktec $ 125,000 Washington County Renovations to the T.J. Elder Community Center $ 10,000 Washington County Renovations to Technology Training Facility $ 40,000 Bibb County Preservation of Hay House $ 75,000 Athens/Clarke County Renovation to Athens Airport $ 40,000 Wayne County Construction of Additional Facilities for the Recreational Department $ 10,000 Wayne County Renovation to the Court-house $ 15,000 Armstrong State College To Operate the Troops to Teachers Program $ 25,000 Rockdale County Purchase of Public Library Equipment $ 25,000 City of Atlanta Board of Education Operations of Atlanta Writing Resource Center $ 20,000 City of Kite Renovation of City Hall Building $ 5,000 Emanuel County Board of Education Construction of Athletic Complex $ 75,000 City of Savannah Repairs for Historic Railroad Shops $ 40,000 Chattooga County Water Authority Water Projects for Rural Chattooga County $ 25,000 Chattooga County Purchase of Elderly Calling Equipment $ 6,000 Laurens County Board of Education Renovation or Construction for Health Classroom Annex $ 75,000

Page 1132

Laurens County Board of Education Construction of Annex at West Laurens High School $ 10,000 Catoosa County Construction of Animal Shelter $ 25,000 Hart County Construction of Recreational Complex $ 45,000 Effingham County Board of Education Construction of Effingham Media Centers $ 75,000 Bibb County Operations of Booker T. Washington Community Center $ 15,000 Bibb County Operations of Ruth Hartley Mosley Center for Women $ 50,000 Bibb County Operations of Macon Little League $ 15,000 Crawford County Commissioners Water and Sewer Improvements $ 75,000 City of Quitman Construction of Recreational Center $ 18,000 City of Quitman Historical Preservation of Beulah Baptist Church $ 15,000 Brooks County Repairs for Simmon Hill Community and Recreation Center $ 10,000 Bibb County Operations of Macon Museum of Arts and Science $ 50,000 Hall County Operations of Mentoring Program $ 20,000 Hall County Renovations to EE Butler Community Center $ 25,000 Mitchell County Construction of Agri-Center $ 25,000

Page 1133

Echols County Board of Education Completion of Covered Walkway System $ 15,000 Clinch County Board of Education Completion of Education Facility $ 15,000 Lanier County Board of Education Expansion to Education Facility $ 15,000 Sumter County Construction of New Recreation Complex $ 50,000 Brantley County Prosecution of Capital Offense Case $ 35,000 Butts County Courthouse Renovations $ 25,000 Glynn County Operations of SHARE Rehabilitation Program $ 15,000 DeKalb County Operation of Center for Visually Impaired $ 50,000 Bacon County Prosecution of Capital Offense Case $ 35,000 City of Columbus Operation of Columbus Youth Network $ 5,000 Muscogee County Operation of Combined Communities of Southeast Columbus $ 25,000 Muscogee County Operation of Community Connection and Intervention $ 15,000 Muscogee County Operation of Two Thousand Opportunities, Inc. $ 25,000 Catoosa County Operation of Northwest Georgia Crisis Center $ 15,000 City of Madison Operation of Madison/Morgan Culture Center $ 25,000 City of Atlanta Operations of the Atlanta Respite Services, Inc. $ 45,000 Fulton County Purchase of Van for Sr. Citizens Program $ 35,000

Page 1134

Fulton County Restoration at Life Holding House $ 10,000 City of Broxton Renovations to the Fire House and Community Center $ 40,000 City of Columbus To Operate Play and Learn Together Program at Baker Village and Canty Homes $ 25,000 Muscogee County To Operate Columbus Community Center $ 25,000 Fulton County To Operate Community of Care Delivery System for At-Risk Children $ 150,000 Clayton County Commissioners Repairs to Securus House $ 10,000 Rabun County Board of Education Renovation of Old Gym $ 75,000 Union County Operation of Day Care Center $ 40,000 City of Greenville Renovations to Old Greenville Depot $ 25,000 Dooly County Planning and Construction of a Government Center $ 100,000 Houston County Board of Education Installation of Internet at Perry High School $ 40,000 City of Decatur Contract for Services from Georgia School-age Care Association $ 300,000 Richmond County Purchase Property for Park in Augusta $ 40,000 Houston County Operation of Aviation Museum $ 200,000 Houston County Planning and Designing of an Educational Facility $ 180,000

Page 1135

Wayne County Operation of Wayne County Partners in Education $ 20,000 City of Augusta Operating Expenses for Community Based Programs $ 40,000 Bibb County To Operate the Council on Child Abuse $ 50,000 City of Cartersville Operation of the Etowah Foundation Education $ 57,000 Coweta County Operation of Economic Development Information Center $ 50,000 Burke County Operating Expenses for the Burke County Development Authority $ 30,000 DeKalb County To Operate South Dekalb Business Incubator $ 25,000 Screven County Board of Education For Auditorium Repairs $ 20,000 Tattnall County Board of Education Construction of a Livestock Pavilion $ 10,000 Peach County To Operate Peach Library Literacy Mobile $ 62,000 City of Rockmart For Repairs and Equipment for the Rockmart Performing Arts Theater $ 10,000 Liberty County Board of Commissioners Repairs for Liberty County Courthouse $ 50,000 McIntosh County Multi-purpose Complex Equipment $ 10,000 City of Greenville Old Greenville Depot Repairs $ 75,000 City of Comer To Purchase a Patrol Car $ 10,000

Page 1136

Jackson County For Human Resources Council in Jackson County $ 15,000 Floyd County To Operate Recycling Program $ 101,439 City of Rome Computer Equipment for Rome/Floyd Transitional School $ 30,410 Dawson County For Capital Offense Legal Assistance $ 35,000 Lumpkin County For Capital Offense Legal Assistance $ 35,000 City of Pelham Construction of an Agricultural Facility at Pelham High School $ 40,000 Seminole County To Construct Spring Creek Volunteer Fire Department Facility $ 25,000 Early County Roof Repairs for Early County Library $ 20,000 City of Atlanta To Operate Litter Abatement Program $ 25,000 Candler County To Operate Litter Abatement Program $ 25,000 Webster County Renovations to Webster County Courthouse $ 25,000 Miller County Renovation of Miller County Facility $ 20,000 Lowndes County Operating Expenses for Lowndes County Health Department $ 30,000 Polk County For Construction of EMS Facility $ 60,000 Athens/Clarke County Board of Education Repairs to Track Surface for Cedar Shoals High School $ 50,000

Page 1137

City of Riverdale Park Improvements $ 20,000 City of Oglethorpe To Purchase a Patrol Car $ 10,000 Macon County School System Roof Repairs for Macon County High School $ 40,000 City of Americus For Revitilization of Downtown City of Americus $ 100,000 City of Jonesboro Park Improvements $ 20,000 City of Helena To Construct Recreational Complex $ 15,000 City of Eastman Operating Expenses for the Middle Georgia Easter Seal Program $ 75,000 City of Douglas Equipment for the Coffee County Humane Society $ 15,000 Atkinson County To Purchase Radio and Computer Equipment $ 10,000 Bleckley County Paving for the Bleckley County Recreation Department $ 40,000 Pulaski County Operation of the Senior Citizens Program $ 100,000 City of Warner Robins Operating Expenses for the Northside Fine Arts Program $ 15,000 Houston County Operating Expenses for the Houston County Court Mediation Program $ 15,000 Pulaski County Repairs for Hartford Water System $ 30,000 DeKalb County To Fund the Homeless Program $ 40,000 City of Jonesboro For Historical Jonesboro Renovations and Repairs $ 20,000

Page 1138

Clayton County Relocation and Renovation Expenses for ARTS Clayton $ 20,000 City of Morrow Park Improvements $ 20,000 City of Augusta Planning and Design of an Overhead Crosswalk on Washington Road $ 20,000 Athens/Clarke County Operating Funds for the Safe Campus Now Program $ 40,000 Peachtree City Equipment for Braelinn Park $ 7,500 Glynn County Improvements to Andrews Island $ 7,500 Treutlen County Board of Education Improvements to Facilities at Treutlen County High School $ 50,000 Lincoln County Operating Funds for Recreation and Historic Preservations Services $ 10,000 City of Blackshear Blackshear Development Authority Operations $ 50,000 Jeff Davis County Operating Expenses for Jeff Davis County Hospital Authority $ 25,000 City of Toomsboro Improvements to Water System $ 40,000 Early County Operation and Renovation of Art Center $ 30,000 Coffee County Construction of Agri-Center $ 40,000 City of Blackshear Extension of Water System to Pierce County Schools $ 50,000 Harris County Board of Education Extension of Water System to Harris County Schools $ 50,000

Page 1139

City of Keysville Operation and Renovation of Municipal Building $ 15,000 Section 41. Provisions Relative to Section 12, State Board of Education Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,720.56. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 17, Department of Human Resources . The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Standards Maximum Monthly Asst. Group of Need of Need 1 $235 $155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Page 1140

Section 43. Provisions Relative to Section 22, Department of Medical Assistance . There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Section 44. Provisions Relative to Section 23, Merit System of Personnel Administration . The Department is authorized to assess no more than $171.50 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1996 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1996 shall not exceed 8.66%. Section 45. Provisions Relative to Section 24, Department of Natural Resources . Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 46. Provisions Relative to Section 35, Department of Transportation . For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

Page 1141

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 35 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 47 . In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions

Page 1142

($9,348,000 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 48 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 49 . Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.

Page 1143

Section 50 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 51 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 52 . In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 53 . (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission,

Page 1144

institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.)(1.) For purposes of this Section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 54 . Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 55 . There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act . Section 56. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 38 to the State of Georgia General Obligation Debt Sinking Fund for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes,

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maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated State General Funds (New), $12,294,590 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $125,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $6,678,700 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $68,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,816,430 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,176,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $784,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $357,700 is specifically appropriated for the purpose of financing Georgia Agricultural Exposition facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $20,400 is specifically appropriated for the purpose of financing projects for the Georgia Agricultural Exposition facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $85,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $999,600 is specifically appropriated for the purpose of financing projects for the Georgia International Maritime Trade Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $548,800 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $490,000 is specifically appropriated for the purpose of financing projects

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for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $147,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $128,400 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $62,230 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $49,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $3,332,000 is specifically appropriated for the purpose of financing

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projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $236,670 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,415,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $229,810 is specifically appropriated for the purpose of financing projects for the Soil and Water Conservation Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $6,860,000 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $70,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $490,000 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $89,180 is specifically appropriated for the purpose of financing projects

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for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $3,234,000 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $33,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $612,000 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $254,800 is specifically appropriated for the purpose of financing Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $784,000 is specifically appropriated for the purpose of financing improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960 in order to comply with requirements of the Americans with Disabilities Act, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated State General Funds (New), $490,000 is specifically appropriated for the purpose of financing improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960, through a program of closing, replacing, removing and otherwise remediating underground storage tanks, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $48,000 is specifically appropriated for the purpose of financing facilities for the Georgia Emergency Management Agency, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $2,450,000 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $842,800 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $244,020 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

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therewith, through the issuance of not more than $2,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,617,000 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $597,800 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $2,352,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $196,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $921,200 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $196,000 is specifically appropriated for the purpose of financing a regional and cultural facility in Columbus, Muscogee County, Georgia, for the State, its agencies, departments, institutions, or those state authorities which were created and activated prior to November 8, 1960, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance-of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $43,200 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $102,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, constrution, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $156,800 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $980,000 is specifically appropriated for the purpose of financing facilities

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for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $83,790 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 57. Salary Adjustments . The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a cost of living increase of 5% for full-time employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anniversary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To provide for a 5% cost of living adjustment for each state official who is eligible under Code subsection 45-7-4(b). 3.) To provide for a 5% salary increase for personnel appointed pursuant to Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia relating to superior courts and Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys, effective July 1, 1995. 4.) To provide for a 6% increase in state base salary on the teacher salary schedule for the State Board of Education and the Board of Technical and Adult Education effective September 1, 1995 and provide a 5% increase for school bus drivers and lunchroom workers effective July 1, 1995. 5.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1995 for non-academic personnel and on September 1, 1995 for academic personnel. 6.) To reassign the following job classes by one paygrade and provide a 6% increase to incumbents of all positions in these classes: Youth Development Worker and Senior Youth Development Worker. 7.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 8.) To increase the base hour rate for temporary employees in the Department of Revenue by 25 cents per hour..) 9.) To provide for a 5% salary increase for incumbents in the Wildlife Technician job classes. 10.) To create and improve career ladders for affected Pardons and Paroles employees by: a.) establishing the Parole Investigator and Chief Parole Officer job classes; b.) reassignment of the

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Parole Review Officer job class by two paygrades and the Senior Parole Review Officer job class by three paygrades; c.) increasing the special supplement for parole officers with intensive supervision caseloads. 11.) To provide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division. Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996 $10,700,856,569 Section 59 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 60 . All laws and parts of laws in conflict with this Act are repealed. REVENUE AND TAXATION AGREEMENT ON WITHHOLDING STATE INCOME TAX FROM RETIREMENT BENEFITS OF CERTAIN ANNUITANTS. Code Section 48-7-100.1 Enacted. No. 477 (House Bill No. 462). AN ACT To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to withholding of state income taxes on benefits paid to certain annuitants; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by adding a new Code section immediately following Code Section 48-7-100, to be designated Code Section 48-7-100.1, to read as follows: 48-7-100.1. The commissioner shall, not later than July 1, 1996, enter into an agreement with the federal Office of Personnel Management pursuant to 5 U.S.C. Section 8345 and its implementing regulations, 5 C.F.R. Sections 1901 through 1907, for the withholding of state income tax

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from the retirement benefits of annuitants under the federal Civil Service Retirement and Disability Fund. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. SOCIAL SERVICES AID TO FAMILIES WITH DEPENDENT CHILDREN; JOBS FIRST PROGRAM TO REPLACE CASH ASSISTANCE WITH PAID EMPLOYMENT; TAX CREDIT FOR EMPLOYERS OF AID RECIPIENTS. Code Sections 48-7-42, 49-4-118, and 49-4-119 Enacted. No. 479 (House Bill No. 570). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ AFDC recipients; to provide for conditions and procedures regarding such credits; to provide for automatic repeal; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Aid to Dependent Children Act, so as to provide for a subsidized employment demonstration Jobs First Program; to provide for definitions; to provide for standards and eligibility for such program; to provide for functions of the Department of Human Resources; to provide for employer participation, duties, and reimbursement; to provide for supplemental payments; to provide for termination of program participants; to provide for suspension of assistance; to provide for Medicaid eligibility; to provide for case management; to provide for reports; to prohibit the denial of assistance under the Act to families wherein the principal wage earner is employed 100 hours a month or more; to provide for waivers and effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, is amended by adding at the end thereof the following:

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48-7-42. (a) As used in this Code section, the term: (1) `AFDC recipient' means a person who receives assistance as defined in Code Section 49-4-101 and who is a participant in the Jobs First Program established by Code Section 49-4-118. (2) `Employer' means any employer upon whom an income tax is imposed by this chapter. (b) A tax credit against the tax imposed by this chapter shall be granted to an employer who first employs an AFDC recipient effective January 1, 1996. The amount of the credit shall be as follows: (1) If the AFDC recipient is compensated at $4.00 or more above the hourly rate of the federal minimum wage, the credit shall be 40 percent of the first $7,000.00 in wages paid annually for such person; (2) If the AFDC recipient is compensated at less than $4.00, but more than $3.00 above the hourly rate of the federal minimum wage, the credit shall be 25 percent of the first $7,000.00 in wages paid annually for such person; and (3) If the AFDC recipient is compensated at $3.00 or less above the hourly rate of the federal minimum wage, the credit shall be 20 percent of the first $7,000.00 in wages paid annually for such person. (c) A tax credit under this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code section. Any such excess credit may be carried over and claimed during the period of five years after the taxable year for which the credit is claimed until the credit is exhausted. (d) No credit may be claimed under this Code section for the employment of any AFDC recipient for whom a credit has been claimed by any one or more employers for a period of 36 months. (e) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee and provide written evidence of the employee's wages, which may include but not be limited to copies of the AFDC recipient's W-2 forms prepared by or for the employer, and evidence of the employee's receipt of AFDC assistance during the period for which the credit is claimed, which evidence of receipt the employer may require of the employee as a condition of employment. (f) A credit cannot be claimed pursuant to this Code section for any job which could not be made available through the Jobs First Program under subsection (g) of Code Section 49-4-118 because of Section 3304(a)(5) of the Federal Unemployment Tax Act.

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(g) This Code section shall be automatically repealed January 1, 2001. SECTION 2 . Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Aid to Dependent Children Act, is amended by adding at the end the following Code section: 49-4-118. (a) As used in this Code section, the term: (1) `AFDC' means assistance under this article. (2) `Cash assistance' means the money payment component of assistance. (3) `Participant' means any person required to participate in the program. (4) `Program' means the `Jobs First Program.' (5) `Recipient' means a person to whom cash assistance may be paid. (b) The department shall conduct a program, in accordance with this Code section and any applicable federal waivers, which shall be known as the Jobs First Program. The program shall test the effects of replacing cash assistance with paid employment. During the test, cash assistance to persons employed through the program shall be reduced in ten counties, as designated by the commissioner of human resources with the approval of the Governor. Persons otherwise eligible for assistance shall participate in the program unless exempted by this Code section. The program shall assign participants to wage-paying public and private sector jobs designed to increase their self-sufficiency and improve their competitive position in the work force. (c) The department shall amend the AFDC state plan to incorporate the program for the participating counties. The department shall administer the program and promulgate state regulations for operation of the program. In administering the program, the department shall actively encourage both public and private employers to utilize program participants and ensure that, to the extent feasible, program job assignments match participant skills and experience with the needs of employers. (d) Any resident of the participating counties who is 18 years of age or older and is a recipient shall participate in the program unless exempted by this Code section. Noncustodial nonsupporting parents of AFDC children shall participate in the program in order to meet their child support obligations. Participating county residents between 16 and 19 years of age who are in high school shall be exempt from mandatory participation in the program, but shall be eligible for summer work in the program. Recipients of Supplemental Security Income shall be

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exempt from participation in the program. Any AFDC resident of a participating county who is working at least 30 hours per week in a job that is not subsidized under the program shall be exempt from participation in the program. (e) (1) Participants in the program shall be entitled to employment in program jobs which, over a four-week period, average 40 hours per week. Employers shall pay the participant at least the federal or state minimum wage, whichever is higher, for every participant hour worked. (2) For each participant hour worked, the department shall reimburse the employer at an hourly rate determined by multiplying by one-half the monthly cash assistance for which the participant is otherwise eligible and dividing the result obtained by 175. An employer may not receive such reimbursement for more than 24 months for any participant. (3) For the first four weeks during which a participant works in a program job assignment, the participant shall continue to receive the same cash assistance as was received immediately prior to beginning such work, after which time all cash assistance to the recipient and dependents thereof shall cease for the duration of employment in such work assignment. (4) Any participant may, with good cause as determined by the Department of Human Resources, choose to terminate participation in a program job assignment; and any participating employer may, at any time, choose to terminate the use of a participant in accordance with regulations of the department. The department shall endeavor to keep such terminations to a minimum and, when they occur, to provide expeditiously new jobs for the participants and new participants for the employers. (5) Assignment of participants to available jobs shall be made on the basis of a preference schedule developed by the department. A recipient required to participate in the program who, without good cause, does not accept a program job offered to the recipient, shall: (1) For the first refusal be denied cash assistance for one month for the recipient; (2) For the second refusal be denied cash assistance for three months for the recipient; and (3) For the third refusal be denied cash assistance for 24 months for the recipient after the expiration of which 24 month period the recipient will be deemed to have no prior job refusal. The department shall specify what constitutes good cause for purposes of this subsection, and this shall include, without being limited to,

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temporary illness of the recipient or dependent child, any court mandated appearance, and temporary unavailability of transportation. The denial of cash assistance pursuant to this subsection shall be an action subject to notice, opportunity for hearing, and judicial review under Code Section 49-4-13. (f) Program participants who are eligible for Medicaid at the time they enter the program shall remain eligible for Medicaid so long as they continue to participate. Participants needing child care shall be provided child care through the program. (g) Every employer in this state shall be eligible for assignment of program participants, but no employer shall be required to utilize such participants. Employers shall provide on-the-job training to the degree necessary for the participants to perform their duties. Employers also shall recruit volunteer mentors from among their regular employees to assist the participants in becoming oriented to work and the workplace. Employers shall ensure that jobs made available to program participants are in conformity with Section 3304(a)(5) of the Federal Unemployment Tax Act, which requires that the job offered cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join nor prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers, nor to fill unfilled positions previously established. The job must also be one for which the program wage is not substantially less than the wage paid for similar jobs in the local community. (h) Case management services under the program in the participating counties shall actively assist persons eligible to participate in the program in finding unsubsidized employment first and, if unable to find unsubsidized employment within a reasonable time as determined by the Department of Human Resources for a participant, shall assign the participant to a subsidized job under the program. (i) Annually during the period of the program, the department shall report the status and progress of the program to the General Assembly and the Governor. Six months before the end of the period of the program, the department shall submit a written report to the General Assembly and the Governor containing a full and complete description and analysis of program operations and results. Such report shall include recommendations from the department as to the potential for state-wide implementation of the program. (j) A recipient whose employment earnings make such person ineligible for receiving cash assistance shall continue to be eligible for Medicaid for a period of 24 months from the date of such ineligibility. (k) This Code section shall be automatically repealed January 1, 2001.

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SECTION 2.1 . Said article is further amended by adding at the end a new Code section to read as follows: 49-4-119. In a home in which both parents of a child are living, assistance may not be denied solely upon the basis that the principal wage earner in the home is employed 100 hours a month or more. SECTION 3 . No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Sections 2 and 2.1 of this Act. SECTION 4 . Sections 2 and 2.1 of this Act shall become effective only if the waivers required under Section 3 of this Act are obtained and in that event shall become effective upon the ninetieth day following receipt of such waivers. The remainder of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. MOTOR VEHICLES AND TRAFFIC ADMINISTRATION OF TESTS TO DETERMINE IF PERSON IS DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; BREATH SAMPLING; ADMISSIBILITY OF EVIDENCE. Code Section 40-5-67.1 Revised. Code Section 40-6-392 Amended. No. 480 (House Bill No. 610). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the method of determining whether a breath test used to determine whether a person was driving under the influence of alcohol or drugs was properly conducted; to provide for two breath samples to be taken in such testing; to provide for the admissibility of such breath samples; to provide for applicability of such method of testing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-5-67.1, relating to administration of chemical tests to determine if a person is driving under the influence of alcohol or drugs, in their entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age 18: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.04 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?' (2) Implied consent notice for suspects age 18 or over: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?'

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(3) Implied consent notice for commercial motor vehicle driver suspects: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person.. SECTION 2 . Said Code section is further amended by striking subparagraph (g)(2)(F) and inserting in lieu thereof a new subparagraph (g)(2)(F) to read as follows: (F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

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SECTION 3 . Said Code section is further amended by adding at the end thereof a new subsection (j) to read as follows: (j) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: `This breath-testing instrument (serial no......) was thoroughly inspected, tested, and standardized by the undersigned on (date.....) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of Code Section 40-6-392 and subparagraph (g)(2)(F) of this Code section. SECTION 4 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in the blood, in its entirety and inserting in lieu thereof a new paragraph (1) and by adding at the end of said Code section a new subsection (f) to read as follows: (1)(A) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences. (B) In all cases where the arrest is made on or after January 1, 1995, and the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For

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either or both of these sequential samples to be admissible in the state's or plaintiff's case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a driver's license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis. (f) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: `This breath-testing instrument (serial no......) was thoroughly inspected, tested, and standardized by the undersigned on (date.....) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F) of Code Section 40-5-67.1. SECTION 5 . This Act shall apply to all cases pending at the time of its approval by the Governor or its becoming law without such approval, except that the provisions regarding the requirement for two breath samples set forth in subparagraph (a)(1)(B) of Code Section 40-6-392 shall not apply to arrests made prior to January 1, 1995.

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SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. INSURANCE SURPLUS LINE INSURANCE; PLACEMENT; PENALTIES FOR VIOLATIONS BY BROKERS; BROKERS' CERTIFICATES; BROKERS' QUARTERLY AFFIDAVITS AND TAXES ON PREMIUMS; BROKERS' REPORTS; LIMITS ON CERTAIN PREMIUMS AND CHARGES; CREDIT FOR CERTAIN REINSURANCE. Code Title 33 Amended. No. 482 (House Bill No. 41). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise conditions relative to the placement of surplus line insurance; to revise penalties for violations by surplus line brokers; to allow surplus line insurance to be placed with certain groups containing corporate underwriters under certain conditions; to provide that surplus line brokers' certificates shall contain a general statement of the kind and type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums paid to such surplus line brokers during the previous quarter; to revise requirements relating to reports of surplus line brokers; to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy and, except for those coverages written in accordance with Chapter 5 of Title 33, relating to the regulation of unauthorized insurers and surplus line insurance, as fixed by the insurer; to provide for editorial revision; to allow credit for reinsurance ceded to groups of incorporated and individual unincorporated underwriters maintaining trust funds under certain conditions; to provide for other matters relative to the foregoing; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-5-21, relating to the authorization

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of procurement of surplus line insurance, and inserting in lieu thereof a new Code Section 33-5-21 to read as follows: 33-5-21. Surplus line insurance may be procured from unauthorized insurers subject to the following conditions: (1) The insurance must be procured through a licensed surplus line broker; (2) The insurance may only be procured from insurers which meet the financial condition requirements of Code Section 33-5-25; (3) The insured or the insured's agent has made an effort to procure the desired insurance coverage or benefits from authorized insurers, but such effort has been unsuccessful in obtaining insurance coverage or benefits which are satisfactory to the insured; and (4) The insurance shall not be procured under this chapter for personal passenger motor vehicle coverage or residential dwelling property coverage unless such insurance cannot be obtained from an authorized insurer. SECTION 2 . Said title is further amended by striking Code Section 33-5-25, relating to the ascertainment of the financial condition of an unauthorized insurer by a surplus line broker, and inserting in lieu thereof a new Code Section 33-5-25 to read as follows: 33-5-25. (a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insurance with any insurer who does not meet, according to current available reliable financial information, the requirements provided in subsection (b) of this Code section. (b) The broker shall so insure only: (1) With a foreign insurer having capital and surplus amounting to at least $3 million; (2) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accordance with standards prescribed by rules and regulations of the Commissioner; (3) With any group of foreign or alien individual underwriters, including, but not limited to, any Lloyd's group, or with a group

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including incorporated and individual unincorporated underwriters, the incorporated members of which shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members, if such group maintains a trust or security fund of at least ten million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group; or (4) With an insurer described in paragraph (1) or (2) of this subsection which annually furnishes to the broker a copy of the insurer's current annual statement. (c) For any violation of this Code section, a broker's license may be suspended or revoked as provided in Code Section 33-5-23. SECTION 3 . Said title is further amended by striking subsection (a) of Code Section 33-5-27, relating to issuance to insured by broker of evidence of insurance, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker's certificate. The certificate shall be executed by the broker and shall show the description and location of the subject of the insurance, a general statement of the kind and type of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the insured, and the name and address of the insured and the insurer. If the direct risk is assumed by more than one insurer, the certificate or the policy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer. SECTION 4 . Said title is further amended by striking Code Section 33-5-29, relating to filing of quarterly affidavits by surplus line brokers, and inserting in lieu thereof a new Code Section 33-5-29 to read as follows: 33-5-29. (a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit executed by the surplus line broker setting forth the facts referred to in Code Section 33-5-21. Such affidavit shall furnish certificate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and any other information as the Commissioner may require for all surplus line transactions in which premiums were paid to the surplus line broker during the previous

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quarter. The quarterly affidavit shall be filed with the Commissioner on or before the fifteenth day of April, July, October, and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in Code Section 33-5-31. The tax shall be remitted with the surplus line broker's quarterly affidavit. (b) In addition to the information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons, resident or located in this state, for such periods of time as the Commissioner may require. The Commissioner may require from surplus line brokers who are the custodians of relevant records of surplus line insurers reports containing such information as the Commissioner may by regulation or by order prescribe which, as to product liability insurers, may include but shall not be required to be limited to the following information: (1) The total number of product liability claims, broken down by: (A) The type or category of claims; and (B) Whether the claims were: (i) Reported during a prior period and closed during the reporting period; (ii) Reported and closed during the reporting period; or (iii) Reported and not closed during the reporting period; (2) The total amount paid in settlement or discharge of the claims for each type or category of claims; (3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided, however, the information on reserves shall be required to be maintained by the Commissioner in confidence, except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request; (4) The total amount of premiums received from insured persons, resident or located in this state, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; (5) The total number of insured persons, resident or located in this state, for which the product liability insurance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; (6) The total number of insured persons, resident or located in this state, whose product liability insurance coverage the insurer, with

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which the surplus line broker placed the coverage, canceled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; and (7) The total number of insured persons, resident or located in this state, who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. SECTION 5 . Said title is further amended by striking subsection (a) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a tax of 4 percent on all premiums paid to the surplus line broker during the preceding quarter, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner. SECTION 6 . Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 33-6-5, relating to unfair and deceptive practices in the business of insurance, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) No person shall knowingly collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, which sum is specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the Commissioner. In cases where classifications, premiums, or rates are not required by this title to be filed and approved: (i) The premiums and charges for insurance, except insurance written in accordance with Chapter 5 of this title, shall not be in excess of or less than those specified in the policy and as fixed by the insurer; and (ii) The premiums and charges for insurance written in accordance with Chapter 5 of this title shall not be in excess of or less than those specified in the policy.

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This subparagraph shall not be deemed to prohibit surplus lines brokers licensed under Chapter 5 of this title from charging and collecting the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit a life or accident and sickness insurer from charging and collecting amounts actually to be expended for medical examination of an applicant for life or accident and sickness insurance or for reinstatement of a life or accident and sickness insurance policy. SECTION 7 . Said title is further amended by striking subparagraph (a)(4)(A) of Code Section 33-7-14, relating to the reinsurance of risks, and inserting in lieu thereof a new subparagraph (A) to read as follows: (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and the group shall make available to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants.

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SECTION 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. AGENCY FINANCIAL POWER OF ATTORNEY; GUARDIAN'S SETTLEMENT OF MINOR'S CLAIM; APPOINTMENT OF GUARDIANS AND TEMPORARY GUARDIANS. Code Sections 10-6-140, 10-6-141, and 10-6-142 Enacted. Code Title 29 Amended. No. 483 (Senate Bill No. 105). AN ACT To amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to provide a statutory form for financial power of attorney; to provide that such form is not the exclusive method for creating such an agency; to provide an explanation for principals; to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for authority of guardians relating to settlement of the claims of minors; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to change requirements and procedures relating to appointment of temporary guardians; to provide for bonds of guardians appointed by the probate court; to remove advanced age as a criterion for incapacity; 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 10 of the Official Code of Georgia Annotated, relating to agency, is amended by inserting a new article to be designated Article 7 to read as follows: ARTICLE 7 10-6-140. The Georgia Statutory Form for Financial Power of Attorney set out in Code Section 10-6-142 may be used to create a financial power of attorney, but is not the exclusive method for creating such an agency.

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10-6-141. The following explanation for principals may be used with the Georgia Statutory Form for Financial Power of Attorney: EXPLANATION FOR PRINCIPALS WHAT IS A FINANCIAL POWER OF ATTORNEY? This document is called a `Financial Power of Attorney.' It allows you to name one or more persons to help you handle your financial affairs. Depending on your individual circumstances, you can give this person or persons complete or limited power to act on your behalf. This document does not give someone the power to make medical decisions or personal decisions for you. WHAT CAN MY AGENT DO? The `Agent' is the person you give power to handle your financial affairs. The `Principal' is you. Your decision to use this document is a very important one and you should think carefully about what financial decisions you want your Agent to make for you. With this document, you can give your Agent the right to make all financial decisions or only certain, limited decisions. For example, you can allow your Agent to handle all your financial affairs, including the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your stock, investments, or personal items. Or you can allow your Agent to handle only certain or specific financial affairs such as to pay your monthly bills. DO I GIVE ALL MY POWERS AWAY? No. Even with this document, you can still handle your own financial affairs as long as you choose to or are able to. You need to talk to your Agent often about what you want and what he or she is doing for you using the document. If your Agent is not following your instructions or doing what you want, you may cancel or revoke the document and end your Agent's power to act for you. HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY? You may revoke your financial power of attorney by writing a signed and dated revocation of power of attorney and giving it to your Agent. You should also give it to anyone who has been relying upon the financial power of attorney and dealing with your Agent, such as your bank and investment institutions.

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Unless you notify all parties dealing with your Agent of your revocation, they may continue to deal with your Agent. You should contact a lawyer if your Agent continues to act after you have revoked the power of attorney. WHEN DOES MY AGENT'S AUTHORITY END? Unless you say in the document when you want your Agent's power to end, your document will remain in effect even if you become incapacitated or unable to communicate your wishes. However, upon your death or the death of your Agent or successor Agents, the document will be cancelled and the Agent's power to act for you will end. You can also include a date or a specific occurrence like your incapacity or illness as the time when you want your document to be canceled and your Agent's power to act for you to end. WHEN DO THE POWERS TAKE EFFECT? Depending on your circumstances, you may wish to specify an occurrence or a future date for the document to become effective. Unless you do so, it becomes effective immediately. MUST MY AGENT DO THOSE THINGS I AUTHORIZE? No. But if your Agent accepts this responsibility and agrees to act for you, he or she is required to sign and date the `Acceptance of Appointment' contained in the financial power of attorney form. HOW DO I COMPLETE THIS DOCUMENT? Both the Principal and the Agent should read the full document carefully before initialing or signing. The Principal and the Agent should fully understand what powers are being granted to the Agent and what restrictions, if any, exist. Read each paragraph carefully. If you decide to give your Agent the power described in the paragraph, initial your name at the end of the paragraph. If you do not wish to give your Agent the power described in a paragraph, strike through and initial the paragraph or any line within a paragraph. HOW DO I EXECUTE THE DOCUMENT? Two adult witnesses must watch you sign your name on the document. At least one witness cannot be the Principal's spouse or blood relative. After they witness you signing your name, the witnesses must sign their names. This document does not need to be notarized unless real property transactions such as leasing, selling, or mortgaging of property are authorized.

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THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL. Do not let anyone pressure you into making a financial power of attorney, naming an Agent, or granting a power unless it is your choice. If you do not understand any portion of this document, you should ask a lawyer to explain it to you. 10-6-142. The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows: FINANCIAL POWER OF ATTORNEY County of..... State of Georgia I,....., (hereinafter `Principal'), a resident of..... County, Georgia, do hereby constitute and appoint..... my true and lawful attorney-in-fact (hereinafter `Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters: (Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line. The powers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations...... 2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent...... Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the

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lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt...... 4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper...... 5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me...... 6. Safe Deposits: To have free access at any time or times to any safe deposit box or vault to which I might have access...... 7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part...... 8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in......

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9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts...... 10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper...... 11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper...... 12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable...... 13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present...... 14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional.

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The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency: ..... ..... Note: The Principal may choose to designate one or more persons to determine conclusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional. The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred: ..... ..... Signed:..... Principal ..... Agent It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. Any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability or incapacity shall have the same force and effect as if I were competent and not disabled. I may, at any time, revoke this power of attorney, but it shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to receipt of actual notice of my death. I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney. All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney. This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first.

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Compensation of Agent . (Directions: Initial the line opposite your choice.) 1. My Agent shall receive no compensation for services rendered...... 2. My Agent shall receive reasonable compensation for services rendered...... 3. My Agent shall receive $..... for services rendered...... IN WITNESS WHEREOF, I have hereunto set my hand and seal on this..... day of....., 19...... ..... Principal WITNESSES ..... ..... Signature and Address ..... ..... Signature and Address Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions. I,....., a Notary Public, do hereby certify that..... personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney. ..... Notary Public State of Georgia County of..... ACCEPTANCE OF APPOINTMENT I,..... (print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for..... (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following: I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal. I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal.

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I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title. I must protect and conserve, and exercise prudence and caution in my dealings with, the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal. I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal. I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability. Dated:....., 19...... (Signature)..... (Address)..... Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions. I,....., a Notary Public, do hereby certify that..... personally appeared before me this date and acknowledge the due execution of the foregoing Acceptance of Appointment. ..... Notary Public SECTION 2 . Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding to Code Section 29-2-16, relating to power to compromise contested or doubtful claims, new subsections to read as follows: (c) In the event [Illegible Text] gross settlement amount for a minor child's claim is $5,000.00 or less, the natural guardian of said minor child may execute

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and deliver to the person or entity against whom the minor has a claim a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record. (d) If legal action has not been initiated, the judge of the probate court may, in his or her discretion, authorize any natural guardian to compromise and terminate any claim where the gross settlement amount approved by the court is over $5,000.00 but the net settlement amount is less than $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. (e) If legal action has not been initiated and the net settlement is $10,000.00 or greater, the natural guardian must apply to become the legally qualified guardian and the proposed settlement must be submitted to the probate court for approval. (f) If legal action has been initiated through a natural guardian as next friend, a settlement is proposed, and the gross settlement amount approved by the court is over $5,000.00 but the net settlement is less than $10,000.00, the judge before whom such action is pending may, in his or her discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. (g) If legal action has been initiated through a natural guardian as next friend and a settlement has been proposed under subsection (f) of this Code section and the net settlement amount is $10,000.00 or greater, or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment. (h) If no legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the probate court before compromising such claim. If legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the judge before whom the action is pending before compromising such claim. Either the probate judge or the judge before whom the action is pending may appoint a guardian ad litem to look into the best interests of the minor before approving a compromise claim.

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(i) If legal action has been instituted and the guardian and the defendant in such action have agreed upon a settlement, the settlement must be approved by the judge of the court before whom the action is pending. The guardian shall not be permitted to dismiss the action and present the settlement to the probate court for approval without the approval of the trial judge before whom the action is pending. (j) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child. (k) The term 'net settlement' shall mean the gross settlement less attorneys' fees, expenses of litigation, and medical expenses for the ward which will be paid from the settlement proceeds. For purposes of determining whether a settlement must be submitted to a court for approval, the `gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is necessary, `gross settlement' and `net settlement' shall not include amounts to be received after majority. In determining the present value for purposes of this Code section, the present value of any payments to be received in the future by or on behalf of the minor shall be deemed to be the cost paid by or on behalf of the alleged tortfeasor to purchase any annuity or other financial arrangement; and if the alleged tortfeasor or his or her insurer undertakes to make such future payments without purchasing an annuity or other financial arrangement, the present value shall be deemed to be the value in current dollars as calculated in good faith by the alleged tortfeasor or his or her insurer. SECTION 3 . Said title is further amended by striking subsection (d) of Code Section 29-4-2, relating to who are natural guardians of minors, which reads as follows: (d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provisions shall apply: (1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record; (2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not

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exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same; (3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and (4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child., in its entirety. SECTION 4 . Said title is further amended by striking subsection (a) of Code Section 29-4-4, relating to appointment of guardian by the judge of the probate court, in its entirety and inserting in its place the following: (a) The judge of the probate court of the county in which a minor having no guardian is domiciled shall have the power to appoint a guardian of the person and property, or either, of the child. Concurrently, the probate court where the minor is found shall have jurisdiction unless an interested party requests that the case be transferred to the county of the minor's domicile. SECTION 5 . Said title is further amended by striking subsection (a) of Code Section 29-4-4.1, relating to appointment of temporary guardian, in its entirety and inserting in its place the following: 29-4-4.1. (a) (1) The judge of the probate court of the county in which the minor is found shall have the power to appoint a temporary guardian

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of the person or property, or both, of the minor when the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian. (2) Provided the requirements in paragraph (1) of this subsection are met, if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected. (3) If one or both of the natural guardians of the minor has indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later. (b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardianship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or 10 days after such notice is first published, whichever is later, the judge of the probate court shall appoint a temporary guardian. (c) Upon subsequent application to the court by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. (d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the

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guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship. SECTION 6 . Said title is further amended by striking subsection (b) of Code Section 29-4-12, relating to bond of appointed guardians, in its entirety and inserting in its place the following: (b) A guardian appointed by the judge of the probate court shall give bond when so required with good and sufficient security, approved by the judge of the probate court and payable to the judge and his or her successors; provided, however, at the discretion of the judge of the probate court, no bond may be required when no cash funds will be received by the guardian during the ward's minority or where the only assets are real estate. If the guardian is for the person only, the court, in its discretion, may dispense with the requirement that the guardian give bond; and, in the event that bond is required, it shall not exceed $1,000.00. If the guardian is for the property or for the person and property of the ward, the court shall require before the issuance of letters of guardianship that the guardian give bond and security in double the supposed value of the ward's estate, provided that, if the bond is secured by a licensed commercial surety authorized to transact business in this state, the guardian may give bond in an amount equal to the value of the estate. SECTION 7 . Said title is amended by striking in its entirety subsection (a) of Code Section 29-5-1, relating to appointment of guardians for adults, and inserting in lieu thereof a new subsection to read as follows: (a) A judge of the probate court may appoint guardians for adult persons 18 years of age or older or their estates, or both, as follows: (1) A judge of the probate court may appoint guardians over the person of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that such adults lack sufficient understanding or capacity to make significant responsible decisions concerning their persons or to the extent that they are incapable of communicating them. (2) A judge of the probate court may appoint guardians over the property of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, physical illness or disability, chronic use of drugs or alcohol, detention by a foreign power, disappearance, or other cause, to the extent that such adults are

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incapable of managing their estates and that the appointment is necessary either because the property will be wasted or dissipated unless proper management is provided or because the property is needed for the support, care, or well-being of such adults or those entitled to be supported by such adults. SECTION 8 . Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 29-5-6, relating to the procedure for the appointment of a guardian, and inserting in lieu thereof a new paragraph to read as follows: (3) In all cases, except those sworn to by two or more petitioners under oath and except those involving detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such psychologist is available, a physician authorized to practice medicine in that federal facility stating the physician has examined the proposed ward within ten days prior to the filing of the petition and that based on the examination the proposed ward was determined: (A) To be incapacitated by reason of mental illness, mental retardation, mental disability, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his or her person; (B) To be incapacitated by reason of mental illness, mental retardation, mental disability, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person is incapable of managing his or her estate; or (C) To be incapacitated as indicated in both subparagraph (A) and subparagraph (B) of this paragraph. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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DOMESTIC RELATIONS FAMILY VIOLENCE; CONTENTS OF REPORTS; REVIEW BY VICTIM; MEMBERSHIP OF STATE COMMISSION ON FAMILY VIOLENCE. Code Sections 17-4-20.1 and 19-13-32 Amended. No. 484 (Senate Bill No. 115). AN ACT To amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the preparation of family violence reports; to provide that a victim of family violence may review and copy a family violence report; to amend Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to membership of the State Commission on Family Violence, so as to change the entities represented by membership on the commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, is amended by striking subsections (c) and (d) of said Code section and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a written report of the incident entitled `Family Violence Report.' Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include the following: (1) Name of the parties; (2) Relationship of the parties; (3) Sex of the parties; (4) Date of birth of the parties; (5) Time, place, and date of the incident; (6) Whether children were involved or whether the act of family violence was committed in the presence of children; (7) Type and extent of the alleged abuse;

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(8) Existence of substance abuse; (9) Number and types of weapons involved; (10) Existence of any prior court orders; (11) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating circumstances for why an arrest was not made; (12) Whether the victim was apprised of available remedies and services; and (13) Any other information that may be pertinent. (d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence or the victim shall be entitled to review and copy and report prepared in accordance with this Code section relating to the defendant. SECTION 2 . Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to membership of the State Commission on Family Violence, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection to read as follows: (a) The State Commission on Family Violence shall consist of 36 members: (1) Three ex officio members shall be the director of the Division of Family and Children Services, the director of Women's Health Services in the division of public health of the Department of Human Resources, and the Attorney General; (2) Three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House; (3) Three members shall be members of the Senate and shall be appointed by the President of the Senate; (4) The remaining members shall be appointed by the Governor as follows: (A) One judge from each judicial administrative district; (B) Three advocates for battered women recommended by groups which have addressed the problem of family violence; and (C) One representative from each of the following:

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(i) The Administrative Office of the Courts; (ii) The Georgia Peace Officer Standards and Training Council; (iii) The Georgia Association of Chiefs of Police; (iv) The District Attorneys Association of Georgia; (v) The State Board of Pardons and Paroles; (vi) The probation system; (vii) The Georgia Sheriffs' Association; (viii) The Criminal Justice Coordinating Council; (ix) The Solicitors Association of Georgia; (x) The legal aid community; (xi) The academic community; (xii) Men Stopping Violence; and (xiii) A former victim of domestic violence. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. LOCAL GOVERNMENT DEVELOPMENT AUTHORITIES; MEMBER OF COUNTY OR MUNICIPAL GOVERNING AUTHORITY ELIGIBLE FOR APPOINTMENT AS DIRECTOR; AUDITED FINANCIAL STATEMENT. Code Section 36-62-5 Amended. No. 485 (Senate Bill No. 132). AN ACT To amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, so as to eliminate the prohibition against directors being officers or employees of a county or municipal corporation; to require audited financial statements under certain conditions; 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 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, is amended by striking in its

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entirety subsection (a) and by inserting in lieu thereof a new subsection (a) to read as follows: (a) The directors shall be taxpayers residing in the county or municipal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 36-62-4. The governing authority of a county or municipality may appoint no more than one member of the governing authority as a director. SECTION 2 . Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows: (f) Each development authority shall provide to its respective county or municipal fiscal officer, as the case may be, an audited financial statement if such audit has been required by the respective county or municipality within six months of the end of the previous fiscal year. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. LOCAL GOVERNMENT POWERS OF MUNICIPAL GOVERNING AUTHORITIES; SERVICE AND ENFORCEMENT OF PROCESSES, SUMMONSES, NOTICES, OR ORDERS; STATE AND LOCAL GOVERNMENT PARTNERSHIP ACT OF 1995 ENACTED; COMPREHENSIVE REVISION OF PROVISIONS RELATING TO LOCAL GOVERNMENT IMPACT FISCAL NOTES. Code Title 28, Chapter 5, Article 3A Revised. Code Section 36-34-2 Amended. No. 486 (Senate Bill No. 134). AN ACT To amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs regarding the General Assembly, so as to provide for the comprehensive revision of provisions relating to local government impact fiscal notes; to provide for a short title; to provide for legislative intent; to provide for applicability; to provide for the requesting and filing of fiscal notes with respect to certain bills or resolutions having

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a fiscal impact on local political subdivisions; to provide for the requesting and filing of fiscal notes with respect to certain regulations, rules, orders, or administrative laws; to provide for the preparation of such notes and procedures in connection therewith; to provide for revisions of such notes; to provide for preservation of copies of notes; to provide for public inspection; to provide for publication; to provide for waivers with respect to the foregoing; to repeal certain exemptions from applicability; to provide for presumptions with respect to compliance; to amend Chapter 34 of Title 36, relating to powers of municipal corporations, so as to provide for service and enforcement of any process, summons, notice, or order of a municipal corporation on all persons residing within and without the corporate limits of the issuing municipal corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION.5 . Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs regarding the General Assembly, is amended by striking Article 3A, relating to local government impact fiscal notes, and inserting in its place a new Article 3A to read as follows: ARTICLE 3A 28-5-47. This article shall be known and may be cited as the `State and Local Government Partnership Act of 1995.' 28-5-47.1. It is the intent and purpose of the General Assembly in enacting this article: (1) To strengthen the partnership between the State of Georgia and local political subdivisions; (2) To assist the General Assembly in its consideration of proposed legislation and new and revised state programs containing fiscal requirements affecting local political subdivisions by: (A) Requiring the provision of accurate estimates of the fiscal impact upon local political subdivisions of proposed legislation and new and revised state programs; and (B) Establishing a mechanism to bring such information to the attention of the members of the General Assembly before the House of Representatives or Senate, respectively, votes on proposed legislation; (3) To promote informed and deliberate decisions by the General Assembly on the appropriateness of proposed fiscal impact legislation in any particular instances;

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(4) To improve the quality of state regulations affecting local political subdivisions and the process by which those regulations are developed by: (A) Providing that state agencies consult with elected and other officials of local political subdivisions; and (B) Requiring that state agencies prepare accurate estimates of the budgetary impact of state regulatory mandates upon local political subdivisions before adopting such regulations. 28-5-48. As used in this article, the term: (1) `Commissioner' means the commissioner of community affairs. (2) `Department' means the Department of Community Affairs. (3) `Fiscal note' means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or administrative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies. (4) `Local political subdivision' means a county, municipality, county school district, or independent school district. 28-5-48.1. This article shall not apply to any proposed bill, resolution, regulation, rule, order, or administrative law for which an appropriation, in an amount sufficient to fund the full cost of the proposal, has been made to affected local political subdivisions. 28-5-49. (a) The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution determined by the department to require an expenditure which in the aggregate exceeds $5 million of public funds by local political subdivisions, a fiscal note shall be attached to such bill or resolution and shall be filed by the sponsor of the bill with the chairperson of the committee and the Clerk of the House of Representatives or the Secretary of the Senate and shall be provided to all members of the General Assembly. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request to the Clerk of the House of Representatives or the Secretary of the Senate. This Code

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section shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statute. (b) The requirements of this subsection may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers. (c) The requirements of this subsection may be waived: (1) By a majority vote of the House of Representatives or by the Speaker of the House with respect to a bill introduced in the House of Representatives; or (2) By majority vote of the Senate, or by the President of the Senate with respect to a bill introduced in the Senate. Any such waiver shall allow consideration of the measure by both the House of Representatives and the Senate. 28-5-50. Except as otherwise provided in this Code section, no regulation, rule, order, or administrative law which would have a fiscal impact which in the aggregate exceeds $5 million on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other authority shall file a fiscal note with the members of the General Assembly. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediately be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other authority. This Code section shall not apply to an emergency regulation, rule, order, or administrative law as described by subsection (b) of Code Section 50-13-4, to any rule or regulation adopted or order issued pursuant to legislation exempted from Code Section 28-5-49, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly. 28-5-51. A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective, if enacted, and for the next two succeeding fiscal years. If the fiscal impact of the bill, joint resolution, or administrative action is not expected to be totally evident within the applicable period, the estimate shall be

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projected beyond that period to include an estimate for the first fiscal year in which it is expected to be fully effective. 28-5-52. The other departments or agencies of the state government shall assist the department in the preparation of fiscal notes required by this article. Where appropriate, the commissioner shall seek the advice and assistance of local government officials or their representatives. The departments or agencies of state government assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the commissioner or the commissioner's authorized representative indicating that the commissioner agrees with the fiscal impact estimated thereon. 28-5-53. (a) A fiscal note that is attached to a bill or joint resolution shall be revised by the commissioner at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is waived by the President of the Senate, by a majority vote of the Senate, by the Speaker of the House of Representatives, or by a majority vote of the House of Representatives. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures. (b) The revised fiscal note shall be processed by the commissioner and returned as quickly as possible to the committee or the Clerk of the House of Representatives or Secretary of the Senate if either the Clerk or the Secretary has the custody of the bill or joint resolution at that time. (c) Except as otherwise provided by subsections (a) and (b) of this Code section, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expenditures of local political subdivisions. 28-5-54. (a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the commissioner and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly. (b) A fiscal note, upon being filed as provided in this article, shall be open to inspection by the general public as provided by Code Sections 50-18-70 through 50-18-72.

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28-5-55. Reserved. 28-5-56. Nothing in this article shall be construed to require any degree of formality of proof of compliance with any requirement of this article, and any enrolled bill shall be conclusively presumed to have been enacted in compliance with the requirements of this article. SECTION 1 . Chapter 34 of Title 36, relating to powers of municipal corporations, is amended by striking Code Section 36-34-2, relating to powers of municipal governing authorities relative to administration of local government, in its entirety and inserting in lieu thereof the following: 36-34-2. In addition to the other powers which it may have, the governing body of any municipal corporation shall have the following powers, under this chapter, relating to the administration of municipal government: (1) The power to establish municipal offices, agencies, and employments; (2) The power to define, regulate, and alter the powers, duties, qualifications, compensation, and tenure of all municipal officers, agents, and employees, provided that the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salaries or compensation, except pursuant to the authority of Code Section 36-35-4, nor to alter such duties or responsibilities as are specifically given to a particular elective official by charter; (3) The power to authorize any of the officers, agents, and employees of the municipal corporation to serve, in any manner prescribed by applicable law, any process, summons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when: (A) The paper to be served arises out of or relates to an activity or condition conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an applicable law or ordinance; and (B) The paper to be served originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent, or employee. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make

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appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state; (4) The power to establish merit systems, retirement systems, and insurance plans for all municipal employees and to establish insurance plans for school employees of independent municipal systems and to provide the method or methods of financing such systems and plans; (5) The power to contract with any state department or agency or any other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any state agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipal corporation has an interest; (6) The power to legislate, regulate, and administer all matters pertaining to absentee voting in municipal elections; and (7) The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. HIGHWAYS, BRIDGES, AND FERRIES DISPOSITION OF PROPERTY NO LONGER NEEDED FOR PUBLIC ROAD PURPOSES. Code Section 32-7-4 Amended. No. 487 (Senate Bill No. 161). AN ACT To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedure for disposition of property no longer needed for

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public road purposes, so as to change the provisions relating to the disposition of property for which the right of acquisition has not been exercised; to provide that a county or municipality may sell property by listing the property through real estate brokers or at public auction; to provide that property shall be sold to the person making the best offer or highest bid; to provide an exception; to provide for notice of the real estate listing or auction; to authorize the rejection of all offers for property; to provide for the disposition of property in cases where all offers are rejected; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedure for disposition of property no longer needed for public road purposes, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b)(1)(A) Unless a sale of the property is made pursuant to paragraphs (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located.

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Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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PROPERTY CONVEYANCES OF INTERESTS IN REAL PROPERTY; DETERMINATION AND DISCLOSURE OF INFORMATION REGARDING AGRICULTURAL OR SILVICULTURAL ACTIVITY; REVERSION OF TITLE TO REAL PROPERTY CONVEYED TO SECURE DEBT. Code Section 44-1-17 and 44-14-80 Amended. No. 488 (House Bill No. 194). AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for certain responsibilities of the buyer or grantee of real property or any interest in real property; to require the grantor, owner, or the agent of the owner of any real property to provide a certain notice to the prospective purchaser, lessee, or grantee of certain real property or any interest in certain real property; to provide for the contents of such notice; to provide for the effect of noncompliance; to provide for exceptions; to provide that no cause of action is created; to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative statement of intent to establish a perpetual or indefinite security interest; to provide that no construction of this Act shall impair existing contract rights under currently existing instruments conveying real property to secure a debt or debts; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding at the end of Chapter 1 of said title a new Code Section 44-1-17 to read as follows: 44-1-17. (a) Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer's or grantee's responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use. If the grantor, owner, or agent of the owner knows that the property being acquired is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall

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deliver to the prospective purchaser, lessee, or grantee a notice which states the following: `It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards.' (b) Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document. (c) This Code section shall not apply to any transaction involving title passing by foreclosure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator. (d) This Code section shall not create a cause of action for damages or equitable relief. SECTION 2 . Said title is further amended by striking subsection (a) of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or the grantor's heirs, personal representatives, successors, and assigns as follows: (1) Title to real property conveyed to secure a debt or debts shall revert to the grantor or his or her heirs, personal representatives, successors, and assigns at the expiration of seven years from the maturity of the debt or debts or the maturity of the last installment thereof as stated or fixed in the record of the conveyance or, if not recorded, in the conveyance; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a perpetual or indefinite security interest in the real

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property conveyed to secure a debt or debts, the title shall revert at the expiration of the later of (A) seven years from the maturity of the debt or debts or the maturity of the last installment thereof as stated or fixed in the record of conveyance or, if not recorded, in the conveyance; or (B) 20 years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; (2) If the maturity of the debt or debts or the maturity of the last installment thereof is not stated or fixed, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a perpetual or indefinite security interest in the real property conveyed to secure a debt or debts, the title shall revert at the expiration of 20 years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; or (3) If the maturity is not stated or fixed and the conveyance is not dated, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date the conveyance is recorded or, if not recorded, is delivered; provided, however, that foreclosure by an action or by the exercise of power of sale, if started prior to reversion of title, shall prevent the reversion if the foreclosure is completed without delay chargeable to the grantee or the grantee's heirs, personal representatives, successors, or assigns. SECTION 3 . Said title is further amended by adding at the end of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, a new subsection (f) to read as follows: (f) Nothing in this Code section shall be construed, interpreted, or enforced in a manner which impairs any contract rights under currently existing instruments conveying real property to secure a debt or debts. SECTION 4 . (a) Section 1 of this Act shall become effective on July 1, 1995, and shall be applicable to any transaction involving real property entered into on or after such date. (b) Section 2 of this Act shall become effective on July 1, 1995; provided, however, that where the record of conveyance states or fixes the maturity of the debt or debts or the maturity of the last installment thereof and the parties by affirmative statement contained in the record of conveyance evidence their intention to establish a perpetual or indefinite security interest, Section 2 of this Act shall be applicable and effective with respect

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to all such conveyances even though they may be dated prior to July 1, 1995. (c) The remaining sections of this Act shall become effective on July 1, 1995. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. LABOR AND INDUSTRIAL RELATIONS GROUP SELF-INSURANCE FUNDS FOR WORKERS' COMPENSATION PURPOSES; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 34, Chapter 9, Article 5 Revised. No. 489 (Senate Bill No. 286). AN ACT To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, so as to revise extensively provisions relative to such funds; to revise definitions; to provide for notices of intent to form a fund; to provide for notices of intent of the Commissioner to refuse to issue a certificate of authority to a proposed fund; to prohibit the formation of a fund until the Commissioner withdraws such notice of intent; to revise requirements for the establishment of group self-insurance funds; to provide for certain information to be submitted to the Commissioner of Insurance with an application for a certificate of authority; to provide for the confidentiality of certain information; to revise provisions relative to certificates of authority and renewal fees; to revise procedures for the admission of new members into a fund; to allow for the submission of underwriting criteria by the trustees of a fund to be used in evaluating prospective members of a fund; to revise procedures relative to the voluntary or involuntary termination of a member of a fund; to allow for the submission of underwriting criteria to be used in evaluating the removal of a member of a fund; to provide for the experience modification factor to be applied to terminated members of a fund; to authorize the Commissioner to exempt a fund from filing certain periodic reports; to revise the factors that shall be considered in determining the financial condition of a fund; to revise requirements for deposits of securities by funds and excess loss funding programs; to revise the amount and requirements relative to minimum surplus which must be maintained by funds; to delete provisions relative to loss reserves which must be maintained by funds; to delete the requirement of the implementation of a rehabitation program for members of funds; to require liability and

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similar insurance coverage to be written by an authorized insurer or eligible surplus lines insurer; to provide a minimum schedule for the examination of funds; to provide for the submission of certain information in conjunction with an examination; to provide time periods for compliance with certain requirements; to provide for construction; to provide for editorial revision; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, is amended by striking Code Section 34-9-151, relating to definitions, and inserting in lieu thereof a new Code Section 34-9-151 to read as follows: 34-9-151. As used in this article, the term: (1) `Administrator' means any individual, partnership, or corporation, except a sponsoring association or associations, designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not limited to, the processing and payment of claims. (2) `Basic rate' means the annual premium rate charged prior to any credit being given for applicable experience debits or credits or for applicable discounts or surcharges. (3) `Board of the fund' means the board of trustees of any fund created pursuant to this article. (4) `Commissioner' means the Commissioner of Insurance of the State of Georgia. (5) `County' means a county of this state. Such term shall include a consolidated city-county government and any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by a resolution or ordinance of the governing authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county. (6) `Fund' means a joint fund for workers' compensation established pursuant to this article. (7) `Gross annual premium' means the total annual premium determined by multiplying the payroll for the applicable workers' compensation

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job classifications by the appropriate annual premium rate for each classification. (8) `Hospital authority' means any legally constituted board, commission, or authority which has been created for the purpose of and is actually governing the operation of a public hospital created in accordance with the laws of this state. (9) `Intrastate agreement' means the written agreement subscribed to and abided by the members of the fund, which agreement establishes the fund and provides for its operation and through which each member agrees to assume and discharge, jointly and severally, any and all liability under this article relating to or arising out of the operations of the fund. (10) `Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. `Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members. (11) `Municipality' means an incorporated municipality of this state, a consolidated city-county government, and any local public authority, commission, board, or other similar agency which is created by a general or local Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of an incorporated municipality of this state. This term shall also include such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation, individually or jointly with other political subdivisions of the state. (12) `Normal annual premium' means the standard annual premium plus or minus applicable surcharges or discounts. (13) `Premium' means any consideration, by whatever name called, paid to a fund by a member for coverage under the fund. (14) `Professional association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organized for a period of at least three years and is domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and is comprised of a bona fide group of employers who are engaged in the same or in substantially similar types of professions and have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability insurance. (15) `School board' means a public board of education of any county or of any independent school system of this state.

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(16) `Standard annual premium' means the gross annual premium plus or minus applicable experience credits or debits. (17) `Surplus' means the total assets of the fund less its liabilities and reserves as determined in accordance with the requirements of this article. (18) `Surplus share' or `proportionate share' means the initial contribution paid to a fund by a member as a condition of membership in the fund. (19) `Trade association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organized for a period of at least three years, domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and is comprised of a bona fide group of employers who are engaged in the same or in substantially similar types of businesses or professions within this state and who have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability insurance. SECTION 2 . Said article is further amended by adding immediately following Code Section 34-9-151, relating to definitions, two new Code sections, to be designated Code Sections 34-9-151.1 and 34-9-151.2, respectively, to read as follows: 34-9-151.1. (a) Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that: (1) Such fund or funds shall comply with the provisions of this article; (2) Separate classes, as described in Code Section 34-9-152, may not be commingled in any fund; and (3) Such fund or funds shall be established by one or more professional or trade associations. (b) Any professional or trade association may establish a fund or funds. (c) Any fund established prior to January 1, 1995, and which is operating in compliance with this article or in compliance with the requirements of the applicable rules and regulations of the Commissioner shall be deemed to be in compliance with this article. 34-9-151.2. (a) At least 30 days prior to executing the initial intrastate agreement required by this article, any group authorized to form a fund under this

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article shall file with the Commissioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall include: (1) The name of the group forming the fund; (2) The name of the proposed administrator; (3) The type or types of employers to be offered membership in the fund; (4) A statement that the group is knowledgeable of and will comply with the requirements of this article and any rules or regulations pertaining thereto; and (5) A copy of the intrastate agreement that will be used to establish a fund. (b) Upon receipt and review of the information supplied with the notice of intent to form a fund provided under subsection (a) of this Code section, the Commissioner, pursuant to his or her authority under Code Section 34-9-169, may issue a notice of intent to refuse to issue a certificate of authority, which notice of intent shall be based upon the Commissioner's determination that the proposed fund would not be in compliance with the provisions of this article. The proposed fund may not be formed and the intrastate agreement may not be executed until the Commissioner withdraws in writing the notice of intent to refuse to issue a certificate of authority. SECTION 3 . Said article is further amended by striking Code Section 34-9-152, relating to the application to the Commissioner for a certificate of authority to create a fund, and inserting in lieu thereof a new Code Section 34-9-152 to read as follows: 34-9-152. (a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association or any other group authorized by this article may enter into an intrastate agreement for the purpose of extending workers' compensation benefits to employees of its members. Once a fund is established pursuant to the intrastate agreement, an officer or administrator of the fund shall, within ten days of the effective date of such agreement, deliver a copy of the agreement to the Commissioner. The fund shall provide workers' compensation coverage to the employees of members who deposit moneys for premiums into the fund. On or before the effective date of such coverage, the fund shall file with the State Board of Workers' Compensation the evidence of coverage form required by the board's rules issued pursuant to Code Section 34-9-126.

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(b) (1) For purposes of this article, municipalities, counties, school boards, hospital authorities, trade associations, and professional associations shall each be deemed to constitute separate classes. Except as provided in paragraph (2) of this subsection, no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to this article. There shall be only one group self-insurance fund for municipalities and only one group self-insurance fund for counties; provided, however, if the Commissioner determines that there are special or unique circumstances or needs of a group of counties or municipalities which justify the establishment of an additional group self-insurance fund or funds for counties or municipalities, the Commissioner may authorize the establishment of such fund or funds. (2) A board of education of an independent school system of any municipality is authorized to be a member of a fund comprised of municipalities. (c) A fund must make application to the Commissioner for a certificate of authority within 90 days of the date of executing an intrastate agreement creating the fund. The application shall state that the fund has met the requirements of this subsection and the requirements of subsections (d) through (f) of this Code section and shall set forth the following: (1) The name of the fund; (2) The location of the fund's principal office, which shall be maintained within this state; (3) The location of the principal office of the sponsoring trade association, which shall be located in this state, or sponsoring professional association, which shall be located in this state, or group of municipalities, counties, school boards, or hospital authorities; (4) The names and addresses of the members; (5) The principal business of each member; (6) The name and address of a Georgia resident designated and appointed as the fund's proposed registered agent for service of process in this state; (7) The names and addresses of the officers and directors of the proposed fund and a statement of whether or not any of such officers and directors has been convicted of any crimes other than minor traffic violations within the last ten years; (8) The powers of the officers and directors and the term of office of each; (9) A brief outline of the method by which the administrative obligations of the fund shall be met;

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(10) A copy of the bylaws of the fund; (11) A copy of the intrastate agreement among the members; (12) The name and address of the administrator and, if the administrator is a corporation, the names and addresses of its officers and directors and a statement concerning whether or not the administrator or any of the officers or directors thereof, if the administrator is a corporation, has been convicted of any crimes other than minor traffic violations within the last ten years; (13) A statement of the previous experience and background of any administrator of the fund, including reference to any licenses it may hold or have held in this state or any other state within the last ten years; (14) The most recent audited statement of the financial condition of any administrator of the fund or the most recent annual statement of such administrator if it is an insurer. Any financial statement provided as required by this paragraph shall not be deemed to be a public document and shall be maintained in confidence by the Commissioner; (15) A copy of any agreements between the fund and any contract administrator of the fund; (16) A statement of the financial condition of the fund listing all of its assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner; (17) A copy of each contract, endorsement, and application form it proposes to issue or use; (18) Excluding funds formed by counties, municipalities, or school boards, a current, audited financial statement or other acceptable financial statement of each member of the fund. This statement shall be required of each member at the time of application to the fund, but shall not be required at any other time unless such member shall become 90 days delinquent in payment to the fund. Any financial statement provided pursuant to this article shall not be deemed to be a public document and shall be maintained in confidence by the Commissioner; and (19) Such other information, documents, or statements as the Commissioner may reasonably require. (d) Each application for a certificate of authority shall be accompanied by a filing fee of $300.00, which fee shall not be refundable. (e) A fund authorized by this article may be established only with the participation of ten or more members and shall have no fewer than 1,000

Page 1208

employees in the aggregate. The names of the participants and any information submitted by any member shall not be deemed to be public information and shall be maintained in confidence by the Commissioner. Any fund licensed after July 1, 1995, shall have no fewer than 15 members and 1,500 employees in the aggregate. Any fund which attains compliance and subsequently falls below the minimum number of members or aggregate employees may be granted additional time to regain compliance, up to a maximum of 180 days. (f) A fund authorized by this article may be established only if it has and thereafter maintains gross annual premiums of $300,000.00. Any fund licensed after July 1, 1995, may be established only if it has and thereafter maintains a gross annual premium of $1 million. Any fund which attains compliance and subsequently falls below the minimum required premium may be granted additional time to regain compliance, up to a maximum of 180 days. (g) All employers who are members of a class which forms a fund pursuant to this article shall be eligible for membership in such fund unless membership is denied such employers by the trustees according to underwriting guidelines established by the trustees of the fund and approved by the Commissioner in accordance with this article. (h) Any fund formed pursuant to this article may accept as a member of such fund any other employer of the same class, as defined in subsection (b) of this Code section, which makes application for membership and otherwise meets the requirements of this article and the underwriting guidelines established by the trustees of the fund and approved by the Commissioner. SECTION 4 . Said article is further amended by striking subsection (e) of Code Section 34-9-153, relating to the issuance of a certificate of authority, grounds for revocation or denial, and annual renewal fees, and inserting in lieu thereof a new subsection (e) to read as follows: (e) The certificate shall be renewed annually by the Commissioner, upon payment by the fund of the renewal fee required by subparagraph (CC) of paragraph (1) of Code Section 33-8-1. SECTION 5 . Said article is further amended by striking Code Section 34-9-155, relating to the license required for solicitation of membership or participation in a fund and the procedure for the admission of new members, and inserting in lieu thereof a new Code Section 34-9-155 to read as follows: 34-9-155. (a) No person shall solicit membership or participation in any fund unless such person:

Page 1209

(1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or (2) Is an officer, director, or employee of: (A) A professional association or trade association; or (B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code. (b) After the inception date of a fund, prospective new member of the fund shall submit an application for membership to the board of the fund and, unless the fund elects to meet the requirements of subsection (c) of this Code section, to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the amount to be paid or contributed by each applicant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 45 days, the applicant, upon payment or contribution to the fund as determined in accordance with this article, shall be authorized to become a member of the fund, to subscribe to and abide by the intrastate agreement, bylaws, rules, and regulations of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's initial payment or contribution, provided that, notwithstanding the provisions of this Code section, such prospective member's initial payment or contribution shall be reasonable in relationship to the initial payment or contribution paid by the other members of the fund. Any person or group aggrieved by a determination of the board of the fund regarding the establishment of a member's initial payment or contribution shall have the right to appeal such determination to the Commissioner. (c) The trustees of a fund may submit underwriting criteria to the Commissioner for approval and unless the Commissioner disapproves the underwriting criteria within 90 days, the fund shall be authorized to approve or deny application for membership in the fund according to such underwriting criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the underwriting criteria submitted and approved by the Commissioner. SECTION 6 . Said article is further amended by striking Code Section 34-9-156, relating to voluntary and involuntary termination of membership in a fund, and inserting in lieu thereof a new Code Section 34-9-156 to read as follows:

Page 1210

34-9-156. (a) A member may elect to terminate voluntarily its participation in a fund by giving at least 90 days' advance written notice to the fund and to the Commissioner, unless the fund elects to meet the requirements of paragraph (e) of this Code section. Such voluntary termination shall be approved by the Commissioner, or the fund, upon a finding by the Commissioner, or the fund, that such member is in good standing and that both member and fund have met all requirements of this article and of any rules and regulations issued by the Commissioner and the fund as of the proposed effective date of termination. (b) (1)(A) A member may be involuntarily terminated as a member of a fund upon a finding by the Commissioner, after due notice and hearing, that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement. Such hearings may be initiated by the Commissioner either upon the Commissioner's own motion or upon a recommendation of the board of the fund or the member facing involunatry termination. In the Commissioner's discretion, any hearings arising from this Code section may be consolidated if the issues involved are the same or substantially similar to those of other scheduled hearings. (B) The trustees of a fund may involuntarily terminate a member of the fund if the fund elects to meet the requirements of subsection (e) of this Code section and if the trustees find that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement. (2) A member may be involuntarily terminated for failure to pay its proportionate share or any premiums or installments thereof due the fund or for failure otherwise to discharge its obligations to the fund when due. Written notice stating the time when the termination will be effective, which time shall be not less than 15 days from the date of notice or such other specific longer period as may be provided in the intrastate agreement or by statute, may be delivered in person or by depositing such notice in the United States mail, to be dispatched by at least first class mail to the last address of record of the member, and receiving therefor the receipt provided by the United States Postal Service. Such notice may or may not be accompanied by a tender of the unearned premium paid by the member, calculated on a pro rata basis. If such tender is not made simultaneously with such notice, it shall be made within 15 days of notice of termination unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable. (c) Any member who either voluntarily terminates membership or is involuntarily terminated from membership in a fund pursuant to this Code section shall remain jointly and severally liable for all obligations of the fund as of the date of such termination, including, but not limited to,

Page 1211

any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident which took place during the member's membership in the fund. (d) Any member who is voluntarily terminated or is involuntarily terminated shall carry the same experience modifier promulgated by the fund unless proof can be provided to the Commissioner that either the formula for determining the experience modifier is incorrect or the data being used is incorrect. (e) A fund may submit criteria to the Commissioner to be used in the removal of a member from the fund and unless the Commissioner disapproves the criteria in writing in 90 days, the fund shall be authorized to voluntarily or involuntarily remove a member from the fund according to the submitted criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the criteria submitted and approved by the Commissioner. SECTION 7 . Said article is further amended by striking the undesignated language at the beginning of Code Section 34-9-158, relating to the powers of the boards of trustees, and inserting in lieu thereof the following: The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effectuate the purposes of this article:. SECTION 8 . Said article is further amended by striking Code Section 34-9-159, relating to annual reports of affairs and operation of funds, and inserting in lieu thereof a new Code Section 34-9-159 to read as follows: 34-9-159. On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be made in such form and shall contain such information as the Commissioner may, from time to time, by regulation, prescribe and require to protect the public interest, the interests of the members of the fund, and the interests of the employees of each member. The Commissioner may, by regulation, require such additional periodic reports as the Commissioner may from time to time prescribe as necessary or appropriate to protect the members and their employees and the public, to ensure the solvency of any fund, to inform the members of the fund, and to assure fair dealing in the investments of any fund. The Commissioner may require that the reports be verified under oath by such appropriate

Page 1212

officers or agents as the Commissioner may designate by regulation and may require the reports to be furnished to persons or entities the Commissioner determines to have a legitimate interest therein. The Commissioner may, based upon the Commissioner's evaluation of the condition of individual funds, exempt that fund from submitting any report, except the annual report required by this article. Compliance with this Code section shall be a condition of the renewal of a certificate of authority under Code Section 34-9-153. SECTION 9 . Said article is further amended by striking Code Section 34-9-160, relating to the method of determining the financial capacity of a fund to pay obligations, and inserting in lieu thereof a new Code Section 34-9-160 to read as follows: 34-9-160. In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following: (1) The security deposit required by Code Section 34-9-161; (2) The surplus required by Code Section 34-9-162; (3) Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate; (4) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis; (5) The surplus shares of members shall be allowed as assets, except that any premiums delinquent for 90 days shall first be charged against such surplus shares; (6) The surplus shares of members shall not be charged as a liability; (7) All premiums delinquent less than 90 days shall be allowed as assets; (8) An assessment levied upon members and not collected shall not be allowed as an asset; (9) The computation of reserves shall be based upon premiums other than membership fees and without any deduction for expenses and the compensation of any contract administrator; and (10) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities,

Page 1213

counties, and school boards, to levy and collect taxes pursuant to the laws of this state. SECTION 10 . Said article is further amended by striking Code Section 34-9-161, relating to securities deposits and excess loss funding programs, and inserting in lieu thereof a new Code Section 34-9-161 to read as follows: 34-9-161. (a) (1) Each fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in the amount of $200,000.00, which amount equates to the deposits required of a domestic insurance company pursuant to Code Section 33-3-8. (2) A fund may post a surety bond or bonds in the amount of $250,000.00 to satisfy the securities deposit requirement of paragraph (1) of this subsection. Such bond or bonds shall be acceptable only if issued by an insurer whose form has been approved by the Commissioner. (3) The security deposit required by this subsection shall be allowed as an asset and shall not be deemed as part of the surplus required by Code Section 34-9-162. (b) The excess loss funding program of a fund shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this article. An excess loss funding program may consist of excess insurance, selffunding from unobligated surplus of an agency, any combination of the foregoing, or any other funding program acceptable to the Commissioner. A fund may be permitted to purchase excess insurance: (1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers. SECTION 11 . Said article is further amended by striking Code Section 34-9-162, relating to the maintenance of surplus and expendable surplus, and inserting in lieu thereof a new Code Section 34-9-162 to read as follows: 34-9-162. (a) A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $200,000.00. (b) Any fund established prior to July 1, 1995, which has satisfied the surplus requirement of this Code section by utilization of a surety bond

Page 1214

shall replace such bond with cash or cash equivalent within 60 months of the date such bond was submitted to the Commissioner. (c) Any fund established prior to July 1, 1995, which had received from the Commissioner a waiver of surplus pursuant to subsection (b) of this Code section as it existed prior to July 1, 1995, shall have until July 1, 1998, to replace such waiver with actual surplus and provide evidence of such surplus to the Commissioner. (d) At the discretion of the board of the fund, any surplus exceeding the requirements of this Code section and the total of all other liabilities of the fund may be returned to the members of the fund. The board of the fund shall notify the Commissioner by letter within ten days following the return of any surplus. SECTION 12 . Said article is further amended by striking Code Section 34-9-163, relating to investment of assets and maintenance of loss reserves, and inserting in lieu thereof a new Code Section 34-9-163 to read as follows: 34-9-163. (a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. (b) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain: (1) Actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance which, combined with actual loss and loss expense payments, shall be in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner; or (2) With the approval of the Commissioner, loss reserves in an amount equal to the greater of the amount established by an independent casualty actuary in accordance with actuarial standards or 40 percent of earned premiums written in each of the three years prior to the date on which the report or statement is to be made. For the purposes of this paragraph, the term `actuarial standards' means the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance

Page 1215

Ratemaking and the Standards of Practice adopted by the Actuarial Standards Board. SECTION 13 . Said article is further amended by striking subsection (b) of Code Section 34-9-164, relating to the payment of operating expenses by members of a fund, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board of each fund shall establish and implement a loss prevention and loss control program for each member of the fund. SECTION 14 . Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 34-9-165, relating to requirements for contracts between funds and administrators not employed by such funds, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner be written with an authorized insurer or an eligible surplus lines insurer and be maintained at all times by the administrator. SECTION 15 . Said article is further amended by striking Code Section 34-9-172, relating to examinations by the Commissioner to verify the solvency of funds, and inserting in lieu thereof a new Code Section 34-9-172 to read as follows: 34-9-172. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once each five years. The Commissioner shall have the authority to require information to substantiate that the sponsoring association is engaged in substantial activity for the benefit of its members in accordance with the definitions of Code Section 34-9-151, but that authority is not to be construed as the right to regulate or inspect that association or its members. SECTION 16 . Said article is further amended by adding immediately following Code Section 34-9-181, relating to administrative finds, probation, and additional penalties, a new Code Section 34-9-182 to read as follows:

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34-9-182. Except where otherwise specified in this article, funds established pursuant to this article shall have until July 1, 1998, to comply with the requirements of this article. SECTION 17 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. PROFESSIONS AND BUSINESSES APPRAISERS; REAL ESTATE BROKERS, ASSOCIATE BROKERS, AND SALESPERSONS; EXTENSIVE REVISION OF REGULATORY PROVISIONS. Code Title 43 and Code Section 44-14-601 Amended. No. 490 (House Bill No. 344). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification; to provide conditions under which the Georgia Real Estate Appraisers Board may issue an appraiser classification after certain sanctions or a lapsing or surrender of the applicant's license or classification; to change the definition of the term broker; to define additional terms applicable to real estate brokers and salespersons; to change the provisions relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership; to change the provisions relating to license fees applicable to real estate brokers and salespersons; to provide for the effect of emergencies or natural disasters with respect to the payment of certain license fees by real estate brokers and certain other persons; to change the provisions relating to the granting, revocation, or suspension of licenses; to provide conditions under which the Georgia Real Estate Commission may issue an associate broker's or broker's license after an applicant has been sanctioned or after the lapsing or surrender of an associate broker's or broker's license; to change the provisions relating to the revocation or suspension of licenses of copartnerships; to provide for the revocation or suspension of licenses of limited liability companies; to change the provisions relating to management of firm and licensed affiliates; to change certain exceptions applicable to real estate brokers and salespersons; to provide an exception with respect to property management services on properties available for less than 90 days' occupancy under certain conditions; to repeal a certain exception relating to the management of residential rental property; to change the provisions

Page 1217

relating to a person acting without a license; to amend Code Section 44-14-601 of the Official Code of Georgia Annotated, relating to definitions applicable to the Commercial Real Estate Broker Lien Act, so as to change a certain reference; 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 striking in its entirety Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof a new Code Section 43-39A-11 to read as follows: 43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees. (b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original appraiser classification, each applicant shall pay an activation fee in advance as established by the board. (d) All appraiser classifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such appraiser classification renewed. The time for renewal of an appraiser classification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such appraiser classification in accordance with this chapter. An appraiser classification not renewed in accordance with this subsection shall be lapsed. (e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service.

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(f) Any resident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee. If any resident appraiser allows an appraiser classification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the resident appraiser may have that appraiser classification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any resident appraiser whose appraiser classification has lapsed for longer than ten years and who seeks to have that appraiser classification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. Any nonresident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classification by paying the fee required of an original applicant if such nonresident appraiser has maintained an active classification in his or her state of residence during the period that his or her classification lapsed. The board may refuse to renew an appraiser classification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that appraiser classification. (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue an appraiser classification by making a written request within 14 days of ceasing work that the appraiser classification be placed on inactive status. Any appraiser whose appraiser classification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate an appraiser classification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate an appraiser classification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's appraiser classification was placed on inactive status. The education requirement for activating an appraiser classification on inactive status shall not apply to an appraiser who meets the continuing education requirement of subsection (b) of Code Section 43-39A-8 in each renewal period that such appraiser is on inactive status nor to an appraiser who has maintained an active appraiser classification in another state that has continuing education requirements while such appraiser's classification was on inactive status in Georgia. (h) Any appraiser who places an appraiser classification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the appraiser classification shall be lapsed. If an

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appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days. (i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of an appraiser classification or for imposing any sanction permitted by this chapter. (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee. (k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classification, may be imposed by the board on any applicant or appraiser who: (1) Fails to notify the board in writing within 14 days of a change of address; or (2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board. (l) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who have appraiser classifications suitable for inclusion in the federal registry. (m) Whenever an appraiser who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such appraiser's residence or place of business, the board may extend such appraiser's renewal period for up to two years without further payment of any fee by the appraiser upon satisfactory proof of the appraiser's uninsured major damage or loss. The board is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applications filed by applicants and appraisers located in counties designated as disaster areas by state or federal authorities. SECTION 2 . Said title is further amended by striking in its entirety subsection (h) of Code Section 43-39A-14, relating to required conduct of applicants and

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grounds for refusal of appraiser classification, and inserting in lieu thereof a new subsection (h) to read as follows: (h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicant's licensure or classification, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may issue an appraiser classification only if: (1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. SECTION 3 . Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 43-40-1 to read as follows: 43-40-1. As used in this chapter, the term: (1) `Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (2) `Broker' means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another:

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(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon; (B) Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate; (C) Collects rents or attempts to collect rents; (D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof; (E) Engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; (F) Auctions or offers or attempts or agrees to auction real estate; (G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate; (H) Performs property management services; (I) Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or (J) Advertises or holds himself or herself out as engaged in any of the foregoing. (3) `Commission' means the Georgia Real Estate Commission. (4) `Commissioner' means the real estate commissioner. (5) `Licensee' means any person who is licensed as a salesperson, associate broker, or broker. (6) `Person' means individuals, corporations, limited liability companies, and partnerships. (7) `Property management services' means the provision, for a valuable consideration, to another of marketing; leasing; physical, administrative, or financial maintenance; and overall management of real

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property; or supervision of the foregoing activities for another pursuant to a property management agreement. (8) `Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land. (9) `Real estate' means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. `Mobile home,' as used in this paragraph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units. (10) `Salesperson' means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. SECTION 4 . Said title is further amended by striking in its entirety subsection (a) of Code Section 43-40-10, relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership, and inserting in lieu thereof a new subsection (a) to read as follows: (a) No broker's license shall be granted to a corporation, limited liability company, or partnership unless: (1) said corporation, limited liability company, or partnership designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation, limited liability company, or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said corporation, limited liability company, or partnership authorizes its qualifying broker to bind the corporation, limited liability company, or partnership to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' in which said corporation, limited liability company, or partnership may be a named respondent. Violations of this chapter or its rules and regulations by a corporation, limited liability company, or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation, limited liability company, or partnership unless every person who acts as a licensee for such corporation, limited liability company, or partnership shall hold a real estate license. SECTION 5 . Said title is further amended by striking in its entirety Code Section 43-40-12, relating to license fees, and inserting in lieu thereof a new Code Section 43-40-12 to read as follows:

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43-40-12. (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his or her own fees. (b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance. (d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. (e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. (f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and

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examination requirements for that license as set forth in Code Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original applicant if such nonresident licensee has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection (d) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. (g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education requirement for activating a license on inactive status shall not apply to licensees who meet the continuing education requirement of subsection (d) of Code Section 43-40-8 in each renewal period that they are on inactive status nor to licensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia. (h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a

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licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days. (i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25. (j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licensee shall be required to pay the same fee as an original applicant. (k) Should a license be suspended or revoked, as provided for by this chapter, said suspension or revocation shall prevent the licensee from making either application as set out in subsection (j) of this Code section. (l) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require. (m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who: (1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status; (2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and (3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission.

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(n) Whenever a licensee who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such licensee's residence or place of business, the commission may extend such licensee's renewal period for up to two years without further payment of any fee by the licensee upon satisfactory proof of the licensee's uninsured major damage or loss. The commission is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applications filed by applicants and licensees located in counties designated as disaster areas by state or federal authorities. SECTION 6 . Said title is further amended by striking in its entirety subsection (h) of Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in lieu thereof a new subsection (h) to read as follows: (h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned the license of an applicant for a salesperson's, associate broker's, or broker's license or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for a salesperson's, associate broker's, or broker's license or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if: (1) At least ten years have passed since the date that the applicant's occupational license was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. SECTION 7 . Said title is further amended by striking in its entirety Code Section 43-40-17, relating to revocation or suspension of a license of copartnership,

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and inserting in lieu thereof a new Code Section 43-40-17 to read as follows: 43-40-17. In the event of the revocation or suspension of the license issued to any partner of a partnership, to any member of a limited liability company, or to any officer of a corporation, the license issued to such partnership, limited liability company, or corporation shall be revoked by the commission unless, within a time fixed by the commission, where a partnership or limited liability company, the connection therewith of the partner or member whose license has been revoked is severed and such person's interest in the partnership or limited liability company and such person's share in its activities brought to an end or, where a corporation, the offending officer is discharged and shall have no further participation in its activities. SECTION 8 . Said title is further amended by striking in its entirety subsection (e) of Code Section 43-40-18, relating to management of firm and licensed affiliates, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member or, if the articles of organization or a written operating agreement vests management of the limited liability company in a manager or managers, a manager may serve as the qualifying broker. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains. SECTION 9 . Said title is further amended by striking in its entirety Code Section 43-40-29, relating to exceptions to operation of said chapter, and inserting in lieu thereof a new Code Section 43-40-29 to read as follows:

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43-40-29. (a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989; (2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor; (3) A licensed practicing attorney acting solely as an incident to the practice of law; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument; (5) Any officer or employee of a government agency in the conduct of official duties; (6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein; (7) Any person who, as owner or through another person engaged by such owner on a full-time basis, provides property management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person; (8) Any person employed on a full-time basis by the owner of property for the purpose of providing property management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; (9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who: (A) Does not receive a fee for such referral from the party being referred;

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(B) Does not charge an advance fee; and (C) Does not act as a referral agent in more than three transactions per year; (10) Any individual employed by a broker to assist in the management of property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are limited to one or more of the following: (A) Delivering a lease application, a lease, or any amendment thereto to any person; (B) Receiving a lease application, a lease, or any amendment thereto, a security deposit, rental payment, or any related payment for delivery to and made payable to the broker or the owner; (C) Showing a rental unit to any person, provided that the employee is acting under the direct instructions of the broker and makes no representations regarding the condition of the property, amenities that the owner or broker may provide, or the terms under which the property may be leased; (D) Providing, without any verbal representations as to its contents, written information prepared by the broker or previously expressly approved by the broker about a rental unit, a lease application, or a lease; (E) Providing information to a tenant about the status of such tenant's security deposit or rent payments or to an owner about the owner's financial accounts and payments from the owner's tenants; and (F) Performing physical maintenance on a property. Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; or (11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions: (A) The property manager enters into a written agreement with the owner specifying all terms and conditions under which the property is to be managed, the reporting of income and expenses, and the remitting of income to the owner; (B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement between the property manager and the guest or occupant is not a lease or rental agreement;

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(C) Any applicable zoning laws do not prohibit short-term occupancy uses of the property; (D) The guest's or occupant's occupancy is for less than 90 days; (E) No deposit exceeds the cost of the rental required for the minimum rental period; (F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any required state or local business licenses or permits; (G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy; (H) No extra charge is made for basic utilities; (I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title; and (J) The room or unit is not the permanent residence of the guest or occupant. (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44. (c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license. (d) The exceptions in subsection (a) of this Code section are not applicable to a person who uses or attempts to use them for the purpose of evading licensure required by this chapter. SECTION 10 . Said title is further amended by striking in its entirety subsection (b) of Code Section 43-40-30, relating to a person acting without a license and cease and desist orders, and inserting in lieu thereof a new subsection (b) to read as follows: (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29.

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SECTION 11 . Code Section 44-14-601 of the Official Code of Georgia Annotated, relating to definitions applicable to the Commercial Real Estate Broker Lien Act, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Real estate' means real estate as defined in paragraph (9) of Code Section 43-40-1. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. HEALTH HOSPITALIZATION FOR TUBERCULOSIS; PETITIONS FOR COMMITMENT; HEARINGS; PREHEARING CUSTODY; EXAMINATION REPORTS; COMMITMENT ORDERS AND CONFINEMENT PERIODS; CONTINUED CONFINEMENT; APPEALS; DISCHARGE; CIVIL AND CRIMINAL IMMUNITY. Code Title 31, Chapter 14 Amended. No. 491 (House Bill No. 454). AN ACT To amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change the provisions regarding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel; to change the provisions regarding custody of persons pending hearing; to change the provisions relating to reports of examinations; to change the provisions regarding commitment orders and periods of confinement; to provide for continued confinement and the conditions and procedures relating thereto; to provide for appeals, counsel, and costs; to change the provisions regarding procedures for securing discharge; to provide for immunity from liability; 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 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, is amended by striking Code Sections 31-14-2 and 31-14-3, relating to petition for commitment and hearing on petition, respectively, and inserting in their places the following:

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31-14-2. When the county board of health or the Department of Human Resources has evidence that any person has contagious tuberculosis and is violating the rules and regulations promulgated by the department or the orders issued by the county board of health and thereby presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, the county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found. The petition executed under oath shall state the specific evidence supporting the allegations, that the evidence has existed within the preceding 30 days, that the person named therein has contagious tuberculosis and is violating the rules and regulations of the department or the orders of the county board of health and presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or department to comply with such rules, regulations, or orders, and that the public health requires commitment of the person named therein. The petition must be accompanied by a certificate of a physician stating that the physician knows or suspects that the person named therein may have contagious tuberculosis, the evidence which forms the basis of this opinion, and whether a full evaluation of the person is necessary. 31-14-3. (a) Immediately upon the filing of a petition pursuant to Code Section 31-14-2, the judge of the superior court shall set the matter for a full and fair hearing on the petition. Such hearing shall be held no sooner than seven days and no later than 12 days, excluding Saturdays, Sundays, and holidays, subsequent to the time of filing of the petition. The court shall serve personal notice of the hearing upon the person named in the petition and upon the petitioner. The notice required by this Code section shall include the time and place of the hearing; notice of the person's right to counsel, that the person may apply for court appointed counsel if the person cannot afford counsel, and that the court will appoint counsel unless the person indicates in writing that he or she does not wish to be represented by counsel; and notice that the person may waive his or her rights to a hearing under this Code section. A copy of the petition and physician's certificate filed under Code Section 31-14-2 shall be attached to the notice. The judge shall, where prayed for in the petition, provide for the examination of the person named therein by a physician licensed under Chapter 34 of Title 43, which examination shall include sputum examinations by a laboratory approved by the department and a recent chest X-ray of good diagnostic quality interpreted by a physician licensed to practice under Chapter 34 of Title 43, as a part of the order setting the matter for hearing; the order

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shall require the person or persons named therein to make such examination. Any X-ray and accompanying report or any written report as to a sputum examination shall be admissible as evidence without the necessity of the personal testimony of the person or persons making such examination and report. A physician may rely upon this evidence as the basis for the diagnosis of contagious tuberculosis and the defendant may offer opposing evidence on this issue by testimony or otherwise. A diagnosis of contagious tuberculosis does not in and of itself establish a substantial risk of exposing other persons to an imminent danger of infection. All court costs incurred in proceedings under this chapter, including costs of examinations required by order of court but excluding any examinations procured by the person named in the petition, shall be borne by the county wherein the proceedings are brought. The fee to be paid to an attorney appointed under this Code section to represent a person who cannot afford counsel shall be paid by the county board of health instituting proceedings for commitment. (b) A full and fair hearing shall mean a proceeding before a hearing examiner under Code Section 31-14-8.1 or before the superior court in a proceeding under subsection (a) of this Code section. The hearing may be held in a regular court room or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The person named as defendant shall be provided with the opportunity for the assistance of counsel. If the defendant cannot afford counsel, the court shall appoint counsel for the defendant or the hearing examiner shall request that the court appoint such counsel; provided, however, that the defendant shall have the right to refuse in writing appointment of counsel. Both parties shall have the right to confront and cross-examine witnesses, to offer evidence, and to subpoena witnesses. Both parties shall have the right to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases, except as otherwise provided for in this chapter. The burden of proof shall be upon the party seeking commitment of the defendant. The standard of proof shall be by clear and convincing evidence. At the request of the defendant, the public may be excluded from the hearing. The defendant may waive his or her right to be present at the hearing. The reason for the action of the court or the hearing examiner in excluding the public or permitting the hearing to proceed in the defendant's absence shall be reflected in the record. SECTION 2 . Said chapter is further amended by striking Code Sections 31-14-5, 31-14-6, 31-14-7, and 31-14-8, relating to circumstances allowing custody pending hearing, reports of examinations, results of hearings, and periods of confinement, respectively, and inserting in their places the following:

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31-14-5. Where a danger exists that the person named in the petition may abscond or conceal himself or herself or where the person is conducting himself or herself so as to present a substantial risk of exposing other persons to an imminent danger of infection, the court may, as a part of the order made pursuant to Code Section 31-14-3, direct the sheriff or the sheriff's deputies to take such person into custody pending hearing and impose such confinement as will not endanger other persons. An affidavit shall be attached to the petition containing the specific facts supporting the need for custody pending hearing. 31-14-6. The person or persons appointed by the order to make the examination shall file a report thereof, in triplicate, in the court wherein the proceeding is pending. The clerk of the superior court shall forthwith make service of one copy on the agency instituting the proceeding and one copy on the party named as defendant therein and the defendant's attorney, which service shall be personal or by certified mail. 31-14-7. (a) Upon the hearing set in the order, if the court finds that the person has contagious tuberculosis, is violating the rules and regulations promulgated by the department or the orders issued by the county board of health after having been directed by the county board of health or the department to comply with such rules, regulations or orders, presents a substantial risk of exposing other persons to an imminent danger of infection, and there is no less restrictive available alternative to involuntary treatment at Northwest Georgia Regional Hospital or any other hospital as may be approved by the department for the care of tubercular patients, then the court shall issue an order committing the defendant to the custody of the sheriff of the county or the sheriff's deputies to be delivered to the designated hospital, where the defendant shall be admitted for care and treatment not to exceed six months. If the court does not find that the above standards are met, then the court shall dismiss the petition and the defendant shall be released from custody if taken into custody pursuant to Code Section 31-14-5. The costs of transporting such person to the hospital shall be paid out of county funds. (b) An order for commitment shall be subject to review at the instance of either party by appeal. 31-14-8. Upon commitment the patient shall be confined in the Northwest Georgia Regional Hospital or such other hospital as may be approved by the department for the care of tubercular patients for a period not to

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exceed six months unless, before the expiration of such six-month period, the designated responsible physician of the tuberculosis inpatient unit determines that the following conditions no longer exist: (1) The patient has contagious tuberculosis; or (2) The patient has active tuberculosis and there is a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drugresistant tuberculosis. The likelihood of noncompliance must be based upon a history of a prior commitment followed by noncompliance with outpatient treatment; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the department. 31-14-8.1. (a) If it is necessary to continue confinement of a committed patient beyond a period of six months ordered by a court or hearing examiner or authorized under subsection (d) of this Code section, the designated responsible physician of the tuberculosis inpatient unit shall review and update the patient's treatment plan and shall prepare a report giving evidence of the necessity of such continued confinement. The report shall be prepared so as to allow sufficient time for the hearing authorized by this Code section to be conducted before the expiration of the six-month period of confinement. The report shall specify that, based upon clinical or X-ray evidence: (1) The patient is a person having contagious tuberculosis requiring continued commitment; or (2) The patient is a person having active tuberculosis with a substantial likelihood of future noncompliance with a proposed treatment plan which will predictably lead to the development of infectious drug-resistant tuberculosis. The likelihood of noncompliance must be based upon a history of a prior commitment followed by noncompliance with outpatient treatment. (b) Such report shall be filed in the patient's medical record. A copy of the report shall be personally served on the patient along with a statement that the patient may, within 15 days after service of the report, file a request for a hearing to be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except as otherwise provided in this chapter, that the patient has a right to counsel at the hearing, that the patient may apply immediately to the superior court in the county where the committed patient is confined to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel

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for the patient unless the patient indicates in writing that he or she does not desire to be represented by counsel or has made his or her own arrangements for counsel. Payment for such court appointed representation shall be made by the department. The hearing may be continued as necessary to allow the appointment of counsel. (c) If a hearing is requested within 15 days of service of the report on the patient, the hearing examiner shall set a time and place for the hearing to be held within 15 days of the time the hearing examiner receives the request. The hearing examiner may set a hearing if a request is made later than 15 days after service of the report if good cause is shown for the delay in making the request. Notice of the hearing shall be personally served on the patient, the hospital, and, when appropriate, on counsel for the patient. Such hearing shall be a full and fair hearing, as described in Code Section 31-14-3, before a hearing examiner. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under Code Section 31-14-7. (d) If a hearing is not requested within 15 days of service of the report on the patient, the department shall be authorized to continue confinement of the patient for an additional period not to exceed six months. 31-14-8.2. Either party may appeal any order of the superior court or hearing examiner in a proceeding under this chapter. An order of the superior court may be appealed to the Court of Appeals and the Supreme Court as provided by law but shall be heard as expeditiously as possible. The appeal of an order of a hearing examiner shall be to the superior court of the county in which the proceeding was held. The review shall be conducted by the superior court without a jury and shall be confined to the record. The court, upon request, may hear oral argument and receive written briefs. The patient must pay his or her 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 parties shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel on appeal or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided in this section are in addition to any other appeal rights which the parties may have. 31-14-9. (a) At any time after commitment and not more often than once every six months, the patient or any friend or relative having reason to believe that the patient no longer has contagious tuberculosis or that the patient's discharge will not endanger the public health may institute proceedings by petition in the superior court of the county wherein the confinement exists, whereupon the judge shall set the matter for a

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hearing to occur within 15 days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be discharged. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of the patient's own choice and at the patient's own personal expense. Thereafter all proceedings shall be conducted in the same manner as are proceedings for commitment. (b) In addition to the above procedure for securing discharge, the patient or a friend or relative 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 a court of competent jurisdiction to issue a writ for release, provided that a copy of the petition along with the proper certificate of service shall also be served upon the presiding judge of the court ordering such detention and upon the county board of health or the Department of Human Resources which initiated the petition for commitment pursuant to Code Section 31-14-2, which service shall be made by certified mail. SECTION 3 . Said chapter is further amended by adding at the end a new Code section to read as follows: 31-14-14. Any physician, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a hospital operated by the state, by a political subdivision of the state, by a county board of health, 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 admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his or her actions in connection with the admission of a patient to or the discharge of a patient from a hospital approved by the department for the care of tubercular patients. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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LAW ENFORCEMENT GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED; PEACE OFFICER DEFINED. Code Section 35-8-2 Amended. No. 492 (House Bill No. 455). AN ACT To amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Peace Officer Standards and Training Act, so as to include certain employees of county probation systems within the definition of the term peace officer; 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 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Peace Officer Standards and Training Act, is amended by striking paragraph (8) and inserting in its place a new paragraph to read as follows: (8) `Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and county probation systems. Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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HEALTH LONG-TERM CARE OMBUDSMAN PROGRAM; OMBUDSMAN TRAINING; OMBUDSMAN ENTRY AND ACCESS TO RECORDS; INTERFERENCE WITH OMBUDSMAN'S DUTIES; IMMUNITY FROM LIABILITY. Code Sections 31-8-52, 31-8-55, 31-8-60, and 31-8-62 Amended. No. 493 (House Bill No. 557). AN ACT To amend Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, so as to change the provisions relating to ombudsman training and relating to entry and access to records and documents; to change the provisions relating to interference with official duties and provide for sanctions; to change the provisions relating to immunity from liability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, is amended by striking Code Section 31-8-52, relating to establishment of the long-term care ombudsman program, and inserting in its place the following: 31-8-52. Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Resources has been required to establish and operate a long-term care ombudsman program. In order to receive such funds, the department has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship

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of at least seven working days in a nursing home and at least three working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman. SECTION 1.1 . Said article is further amended by striking Code Section 31-8-55, relating to entry authority, and inserting in its place the following: 31-8-55. (a) The state ombudsman or community ombudsman, on his or her initiative or in response to complaints made by or on behalf of residents of long-term care facilities, may conduct investigations in matters within his or her powers and duties as provided by this article. (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

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of attorney for health care; 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. (c) The state ombudsman or community ombudsman shall identify himself or herself as such to the resident, and the resident shall have the right to communicate or refuse to communicate with the ombudsman. (d) The resident shall have the right to participate in planning any course of action to be taken on his or her behalf by the state ombudsman or community ombudsman, and the resident shall have the right to approve or disapprove any proposed action to be taken on his or her behalf by such ombudsman. (e) The state ombudsman and community ombudsman shall have authority to obtain from any government agency, and such agency shall provide, such cooperation and assistance, services, data, and access to files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided such information is not privileged under any law. (f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a resident by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the resident in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication. SECTION 2 . Said article is further amended by striking Code Section 31-8-60, relating to retaliation, and inserting in its place the following: 31-8-60. No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person because of the making of a complaint or providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. Code Sections 31-2-6 and 31-5-8 shall apply fully to any violation of this article. SECTION 3 . Said article is further amended by striking Code Section 31-8-62, relating to liability, and inserting in its place the following:

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31-8-62. Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to, making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article shall incur no civil or criminal liability therefor. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. INSURANCE SPECIAL INSURANCE FRAUD FUND; HEALTH INSURANCE; TERMINATION OF COVERAGE; CONVERSION POLICIES; USE OF GENETIC TESTING AND INFORMATION. Code Sections 33-1-17, 33-24-56, and 33-30-15 Enacted. Code Title 33, Chapter 54 Enacted. No. 494 (House Bill No. 616). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the submission of an annual budget relative to the cost of investigating and prosecuting insurance fraud; to provide for assessments against insurers; to authorize the Commissioner of Insurance to provide by regulation a formula for assessments; to provide for penalties and interest relative to assessments; to authorize rules and regulations; to authorize appropriations for certain purposes relative to insurance fraud; to provide for the sharing of information relative to the investigation of insurance fraud; to provide for immunity for certain insurers and their agents and employees; to provide for the payment of certain expenses incurred by insurers; to provide definitions; to provide requirements for health insurance contracts; to provide for the modification of certain health insurance contracts; to impose certain requirements on health insurers; to provide for the termination of coverage; to provide requirements for the continuity of coverage; to provide for conversion policies to be issued under certain circumstances; to provide for statutory construction; to provide requirements

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for preexisting condition provisions in group policies of accident and sickness insurance; to provide for applicability; to authorize the promulgation of rules and regulations; to provide for information concerning the costs of certain health insurance coverages to be supplied to members of the General Assembly; to provide that genetic testing shall be conducted for certain purposes only; to provide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit release of the results of genetic testing without explicit consent of the person tested; to provide that information derived from genetic testing may not be sought by insurers engaging in accident and sickness insurance underwriting and shall not be used to deny access to accident and sickness insurance; to provide for the disclosure of information derived from genetic testing to law enforcement agencies for certain purposes; to provide for the disclosure of information derived from genetic testing for scientific research purposes; to provide for restrictions on such disclosures; to provide for applicability; to provide for violations; to provide for penalties and remedies; to provide for other matters relative to the foregoing; to provide for legislative intent, findings, and declarations; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Code Section 33-1-16, relating to the investigation of fraudulent insurance acts, a new Code Section 33-1-17 to read as follows: 33-1-17. (a) The General Assembly finds that the proper and expeditious investigation and prosecution of fraudulent insurance acts are beneficial to the public interest. The General Assembly further finds that proper investigation of fraudulent insurance acts, followed by vigorous prosecution of insurance fraud, will bring about lower insurance rates for the citizens of this state. (b) There is created a Special Insurance Fraud Fund for the purpose of funding the investigation and prosecution of insurance fraud. (c) (1) The Commissioner shall prepare, on an annual basis, a separate budget request to the General Assembly which sets forth the anticipated cost and expense of funding the investigation and prosecution of insurance fraud in this state for the ensuing 12 months. Beginning with the year 1997, such budget request shall set forth the annual cost and expense of the investigation and prosecution of insurance fraud in Georgia for the preceding 12 months.

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(2) There is imposed upon each foreign, alien, and domestic insurance company doing business in the state an annual assessment under a formula to be established by regulation promulgated by the Commissioner. The formula shall be calculated such that the total proceeds paid or collected from such assessments for any year shall not exceed the amounts appropriated by the General Assembly pursuant to paragraph (3) of this subsection, which appropriation shall be based upon the budget request setting forth the applicable annual cost and expense of the investigation and prosecution of insurance fraud in Georgia submitted by the Commissioner. Such assessments may be measured by kind of company, kind of insurance, income, volume of transactions, or such other factors as the Commissioner determines appropriate. Assessments shall be due and payable for each calendar quarter at the times specified in subsection (b) of Code Section 33-8-6. Any insurance company which fails to report and pay any installment of such assessment shall be subject to penalties and interest as provided by subsection (d) of Code Section 33-8-6. The Commissioner shall provide by regulation for such other terms and conditions for the payment or collection of such assessments as may be necessary to ensure the proper payment and collection thereof. (3) The General Assembly may appropriate to the Insurance Department funds for the investigation of insurance fraud and for the funding of the prosecution of insurance fraud. The Commissioner is authorized to use such funds for investigation of insurance fraud and to reimburse prosecuting attorneys for some or all of the costs of retaining assistant prosecuting attorneys to prosecute insurance fraud cases. The Commissioner shall provide by regulation for such other terms and conditions for the use of the funds for the investigation, reimbursement, and prosecution contemplated by the terms of this paragraph. (d) Insurers shall make personnel involved in investigating insurance fraud and any files relating to insurance fraud investigation available to the Commissioner, the Attorney General, local prosecuting officials, special prosecuting attorneys, or other law enforcement agencies as needed in order to further the investigation and prosecution of insurance fraud. Information supplied by an insurer and contained in such files shall upon receipt become part of the investigative file and subject to the provisions of Code Section 50-18-72. The insurer and its employees and agents shall be entitled to immunity as provided in Code Section 33-1-16. (e) Any expenses incurred by insurers as a result of this Code section shall be defrayed by such insurers from their own funds and shall not be borne by the state or by the Special Insurance Fraud Fund. SECTION 2 . Said title is further amended by adding immediately following Code Section 33-24-55, relating to health insurance and recovery rights of the

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state for payments made under Medicaid, a new Code section, to be designated Code Section 33-24-56, to read as follows: 33-24-56. (a) As used in this Code section, the term: (1) `Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq. (2) `Policy' means any health care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy. (b) Notwithstanding any provisions of this title which might be construed to the contrary, on and after April 1, 1996, all individual basic hospital or medical expense, major medical, or comprehensive medical expense insurance policies issued, delivered, issued for delivery, or renewed in this state shall provide that once an individual has been accepted for coverage, his or her coverage cannot be terminated by the insurer due solely to his or her individual claims experience. (c) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1, 1995, after notification and review of such regulation by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on procedures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996. (d) Beginning April 1, 1999, the Commissioner shall conduct a review of the costs associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999. SECTION 3 . Said title is further amended by adding to Article 1 of Chapter 30, relating to general provisions with regard to group or blanket accident and sickness

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insurance, a new Code section, to be designated Code Section 33-30-15, to read as follows: 33-30-15. (a) As used in this Code section, the term: (1) `Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq. (2) `Policy' means any medical expense plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness policy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy. (3) `Similar coverage' under another health benefit plan means medical expense coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; or (F) A franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12. (b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after April 1, 1996, all group basic hospital or medical expense, major medical, or comprehensive medical expense policies which are issued, delivered, issued for delivery, or renewed in this state shall provide the following:

Page 1247

(1) Subject to compliance with the provisions of subsection (c) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had similar coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately; and (2) Once such similar coverage terminates, including termination of such similar coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, member, subscriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such policies may include a limitation for preexisting conditions not to exceed 12 months following the effective date of coverage; provided, however, that such policies shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by similar coverage. (d) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1, 1995, after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on procedures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996. (e) Beginning April 1, 1999, the Commissioner shall conduct a review of the costs associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999. SECTION 4 . Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows: CHAPTER 54 33-54-1. The General Assembly finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The General Assembly further funds and declares that:

Page 1248

(1) Genetic information is the unique property of the individual tested; (2) The use and availability of information concerning an individual obtained through the use of genetic testing techniques may be subject to abuses if disclosed to unauthorized third parties without the willing consent of the individual tested; (3) To protect individual privacy and to preserve individual autonomy with regard to an individual's genetic information, it is appropriate to limit the use and availability of genetic information; and (4) The intent of this chapter is to prevent accident and sickness insurance companies, health maintenance organizations, managed care organizations, and other payors from using information derived from genetic testing to deny access to accident and sickness insurance. 33-54-2. As used in this chapter, the term: (1) `Genetic testing' means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic material or genes which are associated with a disease or illness that is asymptomatic at the time of testing and that arises solely as a result of such abnormality in genes or genetic material. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus. (2) `Insurer' means an insurer, a fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. 33-54-3. (a) Except as otherwise provided in this chapter, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person to be tested. (b) Information derived from genetic testing shall be confidential and privileged and may be released only to the individual tested and to persons specifically authorized by such individual to receive the information. Any insurer that possesses information derived from genetic testing may not release the information to any third party without the explicit written consent of the individual tested. Information derived from genetic testing may not be sought by any insurer as defined in Code Section 33-54-2.

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33-54-4. Any insurer that receives information derived from genetic testing may not use the information for any nontherapeutic purpose. 33-54-5. Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, information derived from genetic testing regarding the identity of any individual who is the subject of a criminal investigation or a criminal prosecution may be disclosed to appropriate legal authorities conducting the investigation or prosecution. The information may be used during the course of the investigation or prosecution with respect to the individual tested without the consent of such individual. 33-54-6. Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, any research facility may conduct genetic testing and may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual tested is not disclosed to any third party, except that the individual's identity may be disclosed to the individual's physician with the consent of the individual. 33-54-7. This chapter shall not apply to a life insurance policy, disability income policy, accidental death or dismemberment policy, medicare supplement policy, long-term care insurance policy, credit insurance policy, specified disease policy, hospital indemnity policy, blanket accident and sickness policy, franchise policy issued on an individual basis to members of an association, limited accident policy, health insurance policy written as a part of workers' compensation equivalent coverage, or other similar limited accident and sickness policy. 33-54-8. (a) Any violation of this chapter by an insurer shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of this title, and a violation of this chapter by any other person shall be an unfair practice and shall be subject to the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' In addition, any individual who is harmed as a result of a violation of this chapter shall have a cause of action against the person whose violation caused the harm. (b) Any insurer that is found in violation of the provisions of this chapter by a court of competent jurisdiction is liable to the individual injured by the violation in an amount equal to any actual damages suffered by the individual. In the alternative, the court may issue an order directing the insurer to provide accident and sickness insurance to

Page 1250

the injured individual under the same terms and conditions as would have applied had the violation not occurred. (c) The court shall award costs and reasonable attorney's fees to any individual who is successful in enforcing the provision of this chapter. SECTION 5 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 4 of this Act shall become effective on July 1, 1995. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. CRIMINAL PROCEDURE TRANSFER OF VENUE FOR PURPOSES OF CERTAIN PLEAS; CUSTODY OF CERTAIN MENTALLY INCOMPETENT DEFENDANTS; REHEARINGS ON ISSUE OF MENTAL COMPETENCY; DISCOVERY IN FELONY CASES. Code Section 17-2-4 Enacted. Code Sections 17-7-130 and 17-16-20 Amended. Code Title 17, Chapter 16, Article 1 Amended. No. 495 (House Bill No. 627). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant and the prosecuting attorney in each county; to provide for transmittal of papers and prosecution; to provide for situations where there are certain pleas after transfers; to prohibit certain uses of defendant's statements; to provide an exception with respect to misdemeanor violations; to provide certain additional procedures for the handling of certain persons found to be mentally incompetent; to provide for involuntary civil commitment of such persons under certain circumstances; to provide for an order that the cost of a physician or licensed clinical psychologist shall be paid by the county in certain circumstances; to authorize the state to file a motion for rehearing on the issue of a person's mental competency after a person has been found to be mentally incompetent to stand trial; to provide for

Page 1251

subsequent proceedings if there are reasonable grounds to believe that the person's mental condition has changed; to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 3 of Title 37, relating to the examination and treatment for mental illness, to substantially change the provisions relating to discovery in felony cases; to change the provisions relating to the applicability of certain discovery provisions to felony cases; to change the provisions relating to the right of the defendant to copies of statements given before or after arrest, statements of coconspirators, and reports of physical or mental examinations and scientific tests or experiments; to change the provisions relating to the right of the prosecuting attorney to inspect and copy certain reports of examinations, tests, or experiments under certain conditions; to change certain provisions relating to the timing of disclosures; to repeal certain provisions relating to the demand requirement; to repeal certain requirements relating to the furnishing of social security numbers of witnesses; to provide that certain information which has been previously provided to a defendant or prosecuting attorney need not be included in subsequent information furnished as otherwise required by this Act; to change the provisions relating to the applicability of certain discovery provisions pertaining to misdemeanor cases; to clarify the meaning of certain provisions; to change the provisions relating to alibi witnesses; to change the provisions relating to statements of witnesses; to change the provisions relating to lists of names and information concerning witnesses; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of Chapter 2, relating to jurisdiction and venue in criminal cases, a new Code Section 17-2-4 to read as follows: 17-2-4. (a) A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.

Page 1252

(b) A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county. (c) If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere shall not be used against the defendant. SECTION 1.1 . Said title is further amended by designating the current provisions of subsection (e) of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, as paragraph (1) and inserting at the end of subsection (e) a new paragraph (2) to read as follows: (2) The physical custody of a person who is found by the Department of Human Resources to be mentally incompetent to stand trial and for whom there is no substantial probability that he or she will attain competency in the foreseeable future shall be returned to the committing court. The committing court shall retain custody of the person and may order an independent evaluation of the person by a court appointed licensed clinical psychologist or psychiatrist who shall report to the court in writing as to the current mental and emotional condition of the person. Then the court shall conduct a hearing at which the court shall hear evidence and consider all psychiatric and psychological reports submitted to the court and determine whether the state has proved by clear and convincing evidence that the person meets the criteria for involuntary civil commitment pursuant to Chapter 3 or Chapter 4 of Title 37, whichever is applicable. If the person is found to meet the criteria for involuntary civil commitment, the judge may issue an order committing the person to a state institution. If the person does not meet the criteria for involuntary civil commitment, the person shall be released subject to provisions of

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bond and other conditions set by the committing court. A person committed under the provisions of this paragraph may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clinical psychologist of the person's choice, the person may petition the court and the court may order such cost be paid by the county. This paragraph applies to those persons: (A) Accused of committing the following crimes: (i) Murder; (ii) Rape; (iii) Aggravated sodomy; (iv) Armed robbery; (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery; (viii) Aggravated sexual battery; (ix) Aggravated child molestation; or (x) Aggravated stalking; (B) Who are an obvious threat to society as determined by the Department of Human Resources or the assigned judge; or (C) Who have been convicted of or committed for three or more felonies. SECTION 1.2 . Said title is further amended by adding at the end of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, a new subsection (g) to read as follows: (g) If a person is found to be mentally incompetent to stand trial, whether or not committed to a state institution under this Code section, the state may file at any time a motion for rehearing on the issue of the person's mental competency. The court shall grant said motion upon a showing by the state that there are reasonable grounds to believe that the person's mental condition has changed. If this motion is granted, the case shall proceed as provided in subsection (a) of this Code section.

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SECTION 2 . Said title is further amended by striking in its entirety Article 1 of Chapter 16, relating to definitions and discovery in felony cases, and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 17-16-1. As used in this chapter, the term: (1) `Possession, custody, or control of the state or prosecution' means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted. (2) `Statement of a witness' means: (A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness; (B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or (C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel. (3) `Witness' does not include the defendant. 17-16-2. (a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted. (b) This article shall not apply to juvenile court proceedings. (c) Except as provided under Code Section 17-16-8, this article is not intended to authorize discovery or inspection of attorney work product. (d) This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if both the prosecuting

Page 1255

attorney and the defendant agree in writing that the provisions of this article shall apply to the case. 17-16-3. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supplemented pursuant to the other provisions of this article. 17-16-4. (a) (1) The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders, disclose to the defendant and make available for inspection, copying, or photographing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the defendant, whether before or after arrest, in response to interrogation by any person then known to the defendant to be a law enforcement officer or member of the prosecuting attorney's staff. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any person then known by the defendant to be a law enforcement officer or member of the prosecuting attorney's stiff if the state intends to use that statement at trial. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant written or oral statement made by the defendant while in custody, whether or not in response to interrogation. Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant at trial also shall be disclosed under this Code section. Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of any similar such statement of any witness who was: (A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or (B) At the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been legally able to bind the defendant in respect to that alleged conduct in which the witness was involved. (2) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, furnish to the defendant a copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the

Page 1256

state or prosecution. Nothing in this Code section shall affect the provisions of Code Section 17-10-2. (3) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness. (b) (1) The defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial. (2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations

Page 1257

and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defense's case-in-chief or rebuttal the results of the physical or mental examination or scientific test or experiment. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness. (c) If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article. (d) Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal. (e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 17-16-5. 17-16-5. (a) Upon written demand by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is later, or as otherwise ordered by the court, upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi unless previously supplied. (b) The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the

Page 1258

state, upon whom the state intends to rely to rebut the defendant's evidence of alibi unless previously supplied. (c) If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness. (d) Upon a showing that a disclosure required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section. (e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney may offer any other evidence regarding alibi. 17-16-6. If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just. 17-16-7. No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the possession, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testimony of the witness that the party in possession, custody, or control of the statement intends to

Page 1259

call as a witness at trial or at such post-indictment pretrial evidentiary hearing. 17-16-8. The prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. 17-16-9. Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement. 17-16-10. The defendant need not include in materials and information furnished to the prosecuting attorney under this article any material or information which the prosecuting attorney has already furnished to the defendant under this article. The prosecuting attorney need not include in materials and information furnished to the defendant under this article any material or information which that defendant has already furnished to the prosecuting attorney under this article. Either party may call as a witness any person listed on either the prosecuting attorney's or defendant's witness list. SECTION 3 . Said title is further amended by striking in its entirety Code Section 17-16-20, relating to the applicability of Article 2 of this chapter to misdemeanor cases, and inserting in lieu thereof a new Code Section 17-16-20 to read as follows: 17-16-20. The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply.

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SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all persons arrested on or after that date. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. PROPERTY GEORGIA TIME-SHARE ACT AMENDED; COMPREHENSIVE REVISION. Code Title 44, Chapter 3, Article 5 Revised. No. 496 (House Bill No. 622). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehensively revise the provisions of the Georgia Time-Share Act; to change the purposes of said Act; to delete certain definitions; to change a definition; to remove the Georgia Real Estate Commission as the administrator of said Act; to change the provisions relating to contents and recording of project and time-share instruments with respect to time-share projects located within and outside of the state; to change the provisions relating to time-share estate program management and operation; to provide for information to ensure full and fair disclosure to prospective purchasers; to change the provisions relating to the contents of a public offering statement with respect to time-share projects located within or outside of the state; to change the provisions relating to annual reports filed by exchange companies and multilocation developers; to change the provisions relating to the public offering statement provided to purchasers; to change the provisions relating to funds required to be escrowed by developers; to change the provisions relating to escrow of payment received by developers on uncompleted projects; to change the provisions relating to the exemption from other state laws requiring registration and public offering statements; to change the provisions relating to exceptions to the public offering statement requirement; to change the provisions relating to the requirement of updating the public offering statement; to change the provisions relating to purchase of intervals being free of liens affecting that interval; to change the provisions relating to financial and other records of time-share project associations or managing agents; to change the provisions relating to limitation of actions; to provide when certain actions must commence when the validity of any sales agreement is an issue and when rescission of the sales agreement or damages are sought;

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to change the provisions relating to the prohibition against certain statements or representations; to change the provisions relating to the offer of gifts or prizes; to provide that certain actions with respect to the offering of gifts or prizes shall be unlawful; to provide penalties; to change the provisions relating to a developer's financial records of a time-share project; to change the provisions relating to protection of purchasers from a developer's underlying blanket encumbrance; to repeal certain provisions relating to the requirement of registration of time-share programs, agents, and exchange companies; to provide that prior to the closing of a resale of a time-share interval owned by a person other than a developer of the time-share program, no person may charge or collect any compensation for real estate brokerage services from the person reselling the time-share interval; to authorize such a person to charge an advertising fee under certain conditions; to repeal certain provisions relating to contents of application for registration of time-share program; to change the provisions relating to requirements for out-of-state projects, managing agents, and exchange programs; to repeal certain provisions relating to the authority of the Georgia Real Estate Commission to establish fees; to repeal the provisions relating to effective date of registration and administrative review of denial of registration; to change certain exceptions from the application of said Act; to repeal certain provisions relating to the powers and duties of the Georgia Real Estate Commission; to change the provisions relating to modification of public offering statements and limitations on the use of such statements; to change the provisions relating to records required to be kept by the developer or agents; to change the provisions relating to criminal penalties; to repeal certain provisions relating to the investigation of a developer, agent, or exchange program; to repeal other criminal penalties for certain violations of said Act; to repeal certain provisions relating to the exclusiveness of said Act with respect to the sale of time-share intervals; 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 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking in its entirety Article 5, known as the Georgia Time-Share Act, and inserting in lieu thereof a new Article 5 to read as follows: ARTICLE 5 Part 1 44-3-160. This article shall be known and may be cited as the `Georgia Time-Share Act.'

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44-3-161. The purposes of this article are to: (1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share estate and time-share use projects located in this state and outside this state when offered for sale in this state; (3) Require that developers of time-share projects: (A) Make certain disclosures to purchasers and prospective purchasers through the use of a public offering statement; (B) Deposit trust funds with an escrow agent; (C) Utilize only licensed real estate brokers as sales agents if required by Chapter 40 of Title 43; and (D) Comply with promotional advertising standards; (4) Establish operating standards for time-share project managing agents and exchange programs operating in this state; and (5) Provide for sanctions for violations of any provisions of this article which will permit: (A) Courts of competent jurisdiction to impose fines or imprisonment for misdemeanors and felonies; and (B) A claim for appropriate relief by any person adversely affected. 44-3-162. As used in this article, the term: (1) `Agent' means a person authorized by the developer to act for such developer in offering to the public or managing time-share intervals including but not limited to employees or independent contractors of the developer, managing agents, sales agents, and escrow agents. (2) `Conspicuous statement' means a statement in boldface and conspicuous type of at least ten points, such statements always being larger than all other statements, except for other conspicuous statements, in the body of the document in which they are required. (3) `Developer' means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. This definition shall not mean a person acting solely as a sales agent. (4) `Developer control period' means the period of time during which the developer or managing agent selected by the developer may

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manage the time-share program and the units in the time-share program. (5) `Development,' `project,' or `property' means all of the real property subject to a project instrument and which contains more than one unit. (6) `Escrow agent' means a licensed real estate broker, an attorney who is a member of the State Bar of Georgia, a title company, or a banking institution or savings and loan company having trust powers and located in this state who is entrusted with the deposit of trust funds with instructions to carry out the provisions of an agreement or contract. (7) `Exchange company' means any person owning or operating an exchange program. (8) `Exchange program' means any arrangement whereby owners may exchange occupancy rights with persons owning other time-share intervals or units or other rights of possession; provided, however, that an exchange program shall not exist if all of the occupancy rights which may be exchanged are in the same time-share property. (9) `Managing agent' means a person who undertakes the duties, responsibilities, and obligations of the management of a time-share program. (10) `Multilocation developer' means a developer creating or selling its own time-share intervals in a multilocation plan. (11) `Multilocation plan' means a time-share plan respecting more than one time-share property pursuant to which owners may or may not obtain use rights in a specific time-share property and may, by reservation or other similar procedure, become entitled to occupy time-share units in more than one time-share property. (12) `Offering' means any offer to sell, solicitation, inducement, or advertisement whether by radio, television, newspaper, magazine, or mail whereby a person is given an opportunity to acquire a time-share interval. (13) `Person' means one or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. (14) `Project' means development. (15) `Project instrument' means one or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy, or disposition of an entire project including any amendments to the document excluding any law, ordinance, or governmental regulation.

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(16) `Property' means development. (17) `Public offering statement' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the time-share project as required by this article. (18) `Purchaser' means any person other than a developer or lender who acquires an interest in a time-share interval. (19) `Sales agent' means a person who for another, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate the sale or lease of a time-share interval in a time-share program. (20) `Sales agreement' means that contract, agreement, lease, or other written instrument by which a purchaser contracts to acquire or acquires, in the event there is no contract to acquire, an interest in a time-share interval. (21) `Time-share estate' means an ownership or leasehold interest in real property divided into measurable chronological periods. (22) `Time-share instrument' means any document, by whatever name denominated, creating or regulating time-share programs excluding any law, ordinance, or governmental regulation. (23) `Time-share interval' means a time-share estate or a time-share use. (24) `Time-share program' means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration. (25) `Time-share project' means any real property that is subject to a time-share program. (26) `Time-share use' means any contractual right of exclusive occupancy which does not fall within the definition of a time-share estate including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership, or vacation bond. (27) `Unit' means the real property or real property improvement in a project which is divided into time-share intervals.

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44-3-163. (a) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law. (b) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest, provided there is compliance with all requirements necessary to make an instrument recordable. (c) For purposes of title, each time-share estate constitutes a separate estate or interest in property. (d) For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent. 44-3-164. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit the time-share interval form of ownership or use or impose any requirement upon the time-share project which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement or unit into a time-share project or time-share intervals. Part 2 44-3-165. (a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit may be maintained except as permitted by the time-share instrument. 44-3-166. (a) Project instruments and time-share instruments creating time-share estates located in the State of Georgia shall be recorded in the superior court of the county in which the project is located and shall contain the following: (1) The name of the county in which the property is situated;

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(2) The legal description, street address, or other description sufficient to identify the property; (3) Identification of time periods by letter, name, number, or combination thereof; (4) Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created; (5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program; (6) Any restrictions on the use, occupancy, alteration, or alienation of time-share intervals; and (7) The ownership interest, if any, in personal property and provisions for care and replacement. (b) For time-share projects located outside the State of Georgia, project instruments therefor shall be recorded as required by the law of the jurisdiction in which such time-share project is located. 44-3-167. The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following: (1) Creation of an association organization of time-share estate owners; (2) Adoption of bylaws for organizing and operating the association organization; (3) Payment of costs and expenses of operating the time-share program and of owning and maintaining the units; (4) Employment and termination of employment of the managing agent for the association organization; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances concerning the time-share program; (6) Adoption of standards and rules of conduct for the use and occupancy of units by owners; (7) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units;

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(8) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by owners, their guests, and others and extended coverage casualty insurance; (9) Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation; (10) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with provisions of the time-share instruments or the rules of the association organization with respect to the use of the units. Under these procedures, an owner must be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association organization before a decision to impose discipline is rendered; (11) Employment of attorneys, accountants, and other professional persons as necessary to assist in the management of the time-share program and the units; and (12) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share estates before encumbering the time-share project for the purpose of making additional improvements to the project. 44-3-168. (a) The time-share instruments for a time-share estate program may provide for a developer control period. (b) If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall include provisions for the following: (1) Termination of the developer control period by action of the association; (2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and (3) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances.

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44-3-169. Project instruments and time-share instruments creating time-share uses shall contain the following: (1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed to the time-share program; and (3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted, or substituted. 44-3-170. The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include the following: (1) Standards and procedures for upkeep, repairs, and interior furnishing of units; (2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners; (3) Payment of the costs and expenses of operating the time-share program and owning and maintaining the units; (4) Selection of a managing agent to act on behalf of the developer; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program; (6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first reserved, first served priority system; (7) Organization of a management advisory board or board of directors consisting of time-share use owners including an enumeration of rights and responsibilities of the board; (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units; (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by time-share use owners, their guests, and others and extended coverage casualty insurance;

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(10) Methods for providing compensation use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; (11) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owner shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; (12) Annual dissemination to all time-share use owners by the developer or by the managing agent of a list of the names and mailing addresses of all current time-share use owners in the time-share program; (13) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share uses before encumbering the time-share project for the purpose of making additional improvements to the project; and (14) A definition of what shall constitute the facilities being available for use. 44-3-171. In the event that: (1) Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and (3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-166 through 44-3-170 but not included in the instruments. Part 3 44-3-172. (a) A public offering statement must be provided to each purchaser of a time-share interval. Prospective purchasers receiving a copy of the

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public offering statement shall sign a statement acknowledging receipt of the public offering statement and such receipt shall be kept at the principal office of the developer for three years from the date of receipt. (1) The public offering statement must contain or fully and accurately disclose the following information: (A) The name of the developer, the principal address of the developer, the address of the time-share intervals offered in the statement, and a description of the developer's ownership interest in the time-share project; (B) The nature of the interest in the time-share interval being offered whether it involves real property ownership, leasehold interest, right to use or occupy the facility, or some other interest being offered; (C) A general description of the units including, without limitation, the developer's contemplated schedule of commencement and completion of all buildings, units, and amenities or, if completed, a statement that they have been completed; (D) As to all units offered by the developer in the same time-share project: (i) The types and number of units; (ii) Identification of units that are subject to time-share intervals; and (iii) The estimated number of units that may become subject to time-share intervals; (E) A brief description of the project; (F) Any current budget or a projected budget for the time-share intervals for one year after the date of the first transfer to a purchaser. The budget must include, without limitation: (i) A statement of the amount or a statement that there is no amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category of the expenditures for the time-share intervals; (iii) The projected common expense liability for all time-share intervals; and (iv) A statement of any services not reflected in the budget that the developer provides or expenses that he or she pays; (G) Any initial or special fee for the use of the unit or amenities due from the purchaser at closing together with a description of the purpose and method of calculating the fee;

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(H) A description of any liens, defects, or encumbrances on or affecting the title to the time-share intervals; (I) A description of any financing offered by the developer; (J) A statement of any pending actions material to the time-share intervals of which a developer has actual knowledge; (K) Any restraints on alienation of any number or portion of any time-share intervals; (L) A description of the insurance coverage or a statement that there is no insurance coverage provided for the benefit of time-share interval owners including specific statements on the amount of comprehensive general liability insurance and extended coverage casualty insurance; (M) Any current or expected fees or charges to be paid by time-share interval owners for the use of any facilities related to the property; (N) Whether financial arrangements have been provided for and with whom financial arrangements have been made for the completion of all promised or proposed improvements and the proposed date of completion; (O) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit; (P) A conspicuous statement on the cover page as follows: `YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT AND RECEIVE A REFUND. IF THIS PUBLIC OFFERING STATEMENT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREEMENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER YOUR RECEIPT OF THIS PUBLIC OFFERING STATEMENT AND RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT.';

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(Q) When a time-share use is offered, a conspicuous statement as follows: `YOU MAY CANCEL ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OF A TIME-SHARE USE AT ANY TIME THE FACILITY IS NOT MADE AVAILABLE FOR USE ACCORDING TO AGREED UPON TERMS. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL.'; (R) A schedule for refunding any funds due the purchaser if the time-share project is not completed or if the purchaser exercises cancellation rights; (S) The name and address of the escrow agent; (T) A conspicuous statement as follows: `ANY QUESTIONS ABOUT THE LEGAL ASPECTS OF THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL SHOULD BE REFERRED TO AN ATTORNEY.'; (U) A conspicuous statement on the cover page as follows: `PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING.'; (V) (i) Except as otherwise provided in division (ii) of this subparagraph, a conspicuous statement as follows: `THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE SUPERIOR COURT OF THE COUNTY WHEREIN THE PROPERTY IS LOCATED.' (ii) If the time-share project is located outside this state, then the conspicuous statement must read as follows: `THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE APPROPRIATE LAND RECORDS OF THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED.'; and (W) A description of the exact procedure that will be used by the developer for closing sales of time-share intervals including, but not limited to, the procedures for conveying title to the time-share intervals, the procedures for delivery and recording of deeds, and the procedures for disbursing funds held by the escrow agent. (2) If the owners of time-share intervals are offered an opportunity to become members of or to participate in any program for the exchange of occupancy rights among themselves or with the owners of time-share

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intervals of other time-share projects, or both, the public offering statement or a supplement delivered therewith must fully and accurately disclose the following information: (A) The name and address of the exchange company; (B) The names of all officers, directors, and shareholders owning 5 percent or more of the outstanding stock of the exchange company; (C) Whether the exchange company or any of its officers or directors has any legal or beneficial interest in any developer or managing agent for any time-share project participating in the exchange program and, if so, the name and location of the time-share project and the nature of the interest; (D) Unless the exchange company is also the developer or an affiliate, a statement that the purchaser's contract with the exchange company is a contract separate and distinct from the sales agreement; (E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory; (G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange company and the procedure by which changes thereto may be made; (H) A complete and accurate description of the procedure to qualify for and effectuate exchanges; (I) A complete and accurate description of all limitations, restrictions, or priorities employed in the operation of the exchange program, including, but not limited to, limitations on exchanges based on seasonableness, unit size, or levels of occupancy, expressed in a conspicuous statement, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the manner in which they are applied; (J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program; (K) Whether and under what circumstances an owner, in dealing with the exchange company, may lose the use and occupancy of such owner's time-share interval in any properly applied for exchange

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without such owner being provided with substitute accommodations by the exchange company; (L) The fees or range of fees for participation by owners in the exchange program, a statement whether any such fees may be altered by the exchange company, and the circumstances under which alterations may be made; (M) The name and address of the site of each time-share property, accommodation, or facility which are participating in the exchange program; (N) The number of units in each property participating in the exchange program which are available for occupancy and which qualify for participation in the exchange program, expressed within the following numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over; (O) The number of owners with respect to each time-share project or other property which are eligible to participate in the exchange program expressed within the following numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those owners who are currently eligible to participate in the exchange program; (P) The disposition made by the exchange company of time-share intervals deposited with the exchange program by owners eligible to participate in the exchange program and not used by the exchange company in effecting exchanges; (Q) The following information, which, except as provided in subparagraph (S) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year no later than July 1 of the succeeding year, beginning no later than July 1, 1983: (i) The number of owners eligible to participate in the exchange program. Such number shall disclose the relationship between the exchange company and owners as being either fee-paying or gratuitous in nature; (ii) The number of time-share properties, accommodations, or facilities eligible to participate in the exchange program categorized by those having a contractual relationship between the developer or the association and the exchange company and those having solely a contractual relationship between the exchange company and owners directly; (iii) The percentage of confirmed exchanges, which shall be the number of exchanges confirmed by the exchange company

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divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share intervals for which the exchange company has an outstanding obligation to provide an exchange to an owner who relinquished a time-share interval during the year in exchange for a time-share interval in any future year; and (v) The number of exchanges confirmed by the exchange company during the year; (R) A conspicuous statement to the effect that the percentage described in division (iii) of subparagraph (Q) of this paragraph is a summary of the exchange requests entered with the exchange company in the period reported and that the percentage does not indicate a purchaser's or owner's probabilities of being confirmed to any specific choice or range of choices, since availability at individual locations may vary; and (S) The information required by this paragraph shall be accurate as of a date which is not more than 30 days prior to the date on which the information is delivered to the purchaser, except that the information required by subparagraphs (B), (C), (M), (N), (O), and (Q) of this paragraph shall be provided as of December 31 of the year preceding the year in which the information is delivered, except for information delivered within the first 180 days of any calendar year which shall be provided as of December 31 of the year preceding the year in which the information is delivered. All references in this Code section to the word `year' shall mean calendar year; (3) A multilocation developer shall include in the public offering statement or a supplement delivered therewith the following information: (A) A complete and accurate description of the procedure to qualify for and effectuate use rights in time-share units in the multilocation plan; (B) A complete and accurate description of all limitations, restrictions, or priorities employed in the operation of the multilocation plan, including, but not limited to, a conspicuous statement of limitations on reservations, use or entitlement rights based on seasonableness, unit size, levels of occupancy or class of owner, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the multilocation plan, a clear description of the manner in which they are applied;

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(C) Whether use is arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for use are made by the multilocation developer; (D) The name and address of the site of each time-share property included in the multilocation plan; (E) The number of time-share units in each time-share property which are available for occupancy and, with respect to each such time-share unit, the interest, such as fee ownership, leasehold, or option to purchase, which the multilocation developer has therein; a statement of all relevant terms of the multilocation developer's interest if such interest is less than fee ownership; and whether the time-share unit may be withdrawn from the multilocation plan; (F) The following information, which, except as provided in subparagraph (H) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year on or before July 1 of the succeeding year beginning no later than July 1, 1983: (i) The number of owners in the multilocation plan; (ii) For each time-share property in the multilocation plan, the number of properly made requests for use of time-share units in such time-share property; and (iii) For each time-share property, the percentage of owners who properly requested use of a time-share unit in such time-share property who received the right to use a time-share unit in such time-share property; (G) A conspicuous statement to the effect that the percentages described in subparagraph (F) of this paragraph do not indicate a purchaser's or owner's probabilities of being able to use any time-share unit since availability at individual locations may vary; and (H) The information required by this paragraph shall be provided as of a date which is no more than 30 days prior to the date on which the information is delivered to the purchaser, except that the information required by subparagraphs (D), (E), and (F) of this paragraph shall be provided as of December 31 of the year preceding the year in which the information is delivered, except for information delivered within the first 180 days of any calendar year which shall be provided as of December 31 of the year preceding the year in which the information is delivered. (b) In the event an exchange company offers an exchange program directly to the purchaser or owner, the exchange company shall deliver

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to each purchaser or owner, prior to the execution of any contract between the purchaser or owner and the company offering the exchange program, the information set forth in paragraph (2) of subsection (a) of this Code section. The requirements of paragraph (2) of subsection (a) of this Code section shall not apply to any renewal of a contract between an owner and an exchange company. (c) Each exchange company offering an exchange program to purchasers in this state must include the statement set forth in subparagraph (a)(2)(R) of this Code section on all promotional brochures, pamphlets, advertisements, or other materials disseminated by the exchange company which also contain the percentage of confirmed exchanges described in division (a)(2)(Q)(iii) of this Code section. 44-3-173. (a) An exchange company whose exchange program is offered to purchasers in connection with the offer or disposition of time-share intervals in this state shall, on or before July 1 of each year, file with the secretary of the association for the time-share program in which the time-share intervals are offered or disposed, the information required by paragraph (2) of subsection (a) of Code Section 44-3-172 with respect to the preceding year. If any of the information supplied fails to meet the requirements of this Code section, the district attorney or Attorney General may undertake enforcement action against the exchange company in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. No developer shall have any liability arising out of the use, delivery, or publication by the developer of any information provided to it by the exchange company pursuant to this Code section. Except as provided in this Code section, no exchange company shall have any liability with respect to (1) any representation made by the developer relating to the exchange program or exchange company, or (2) the use, delivery, or publication by the developer of any information relating to the exchange program or exchange company. An exchange company shall only be liable for written information provided to the developer by the exchange company. The failure of the exchange company to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article. (b) A multilocation developer which offers or disposes of time-share intervals in this state shall, on or before July 1 of each year, file with the secretary of the association for the time-share program the information required by paragraph (3) of subsection (a) of Code Section 44-3-172 with respect to the preceding year. If at any time any of the information supplied fails to meet the requirements of this Code section, the district attorney or Attorney General may undertake enforcement action against

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the multilocation developer in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. The failure of a multilocation developer to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article. 44-3-174. (a) Before transfer of a time-share interval and no later than the date of any sales agreement, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The sales agreement is voidable by the purchaser for seven days, Sundays and holidays excepted, after receipt of the public offering statement or for seven days, Sundays and holidays excepted, after signing any sales agreement, whichever is later. Cancellation is without penalty or obligation, and all payments made by the purchaser before cancellation must be refunded within 30 days after receipt of the notice of cancellation. (b) In addition to the rights of the developer provided in the sales agreement, up to seven days, Sundays and holidays excepted, after the signing of any sales agreement, the developer may cancel the sales agreement without penalty or obligation to either party. The developer shall return all payments made by the purchaser within 30 days after canceling the agreement and the purchaser shall return all materials received in good condition, reasonable wear and tear excepted. (c) If a time-share use is being conveyed, a purchaser shall have the right to cancel the transaction at any time after the facilities are no longer available for use. (d) The rights of cancellation provided for in subsections (a), (b), and (c) of this Code section shall not be waivable by any purchaser. (e) Any sales agreement must contain a conspicuous statement as follows: `YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION THIS SALES AGREEMENT FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING AND RECEIVE A REFUND OF ANY FUNDS PAID. IF YOU DID NOT RECEIVE A PUBLIC OFFERING STATEMENT PRIOR TO SIGNING THIS SALES AGREEMENT, YOU MAY CANCEL THIS SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER RECEIPT OF A PUBLIC OFFERING STATEMENT. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE DEVELOPER IN WRITING

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WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE UPON THE DATE YOU SEND IT.' (f) Prospective purchasers receiving a copy of the public offering statement shall sign a conspicuous statement acknowledging receipt of the public offering statement which shall be kept at the principal office of the developer for a period of three years from the date of receipt. Said statement shall read as follows: `I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED THE PUBLIC OFFERING STATEMENT OF (insert name of project) ON (insert date) AND I UNDERSTAND THAT MY RIGHT TO CANCEL ANY SALES AGREEMENT TO PURCHASE A TIME-SHARE INTERVAL EXPIRES ON (insert date), WHICH IS SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT OR SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER RECEIPT OF THE PUBLIC OFFERING STATEMENT, WHICHEVER IS LATER.' 44-3-175. (a) A developer of a time-share program shall: (1) Deposit with an escrow agent 100 percent of all funds which are received during the seven-day cancellation period provided for in this article. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include: (A) That its purpose is to protect the purchaser's right to a refund if he or she cancels the sales agreement for a time-share interval within a seven-day cancellation period; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's seven-day cancellation period and in accordance with the sales agreement; and (C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancellation notice was received before expiration of the seven-day period; (2) Deposit with an escrow agent after the seven-day cancellation period 100 percent of all funds which are received from purchasers of time-share uses. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include:

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(A) That its purpose is to protect the purchaser's right to a refund, at any time the accommodations or facilities are no longer available as provided in the sales agreement entered into by the developer and the purchaser in an amount provided for in subparagraph (B) of this paragraph; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account periodically in the ratio of the amount of time the purchaser has already used or had the right to use the accommodations or facilities of the time-share use at the time of the disbursement in relation to the total time sold to the purchaser; and (C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a statement signed by the purchaser indicating that such purchaser has used or has had the right to use a specific number of days out of the total time period purchased. If a purchaser refuses to sign such a statement when tendered, the developer may submit a sworn statement to the escrow agent that the purchaser used or had the right to use a specific number of days, but that the purchaser refused to sign a statement to that effect; (3) Place 100 percent of all funds received from purchasers of such time-share intervals, after the seven-day cancellation periods have ended, in an escrow account when interests in real property are being sold, according to a sales agreement which will transfer title to the purchasers. The establishment of such an escrow account shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include: (A) That its purpose is to protect all deposits and payments made by a purchaser toward the purchase price until the deed is delivered to the purchaser, whether physically or by recording the same, or until the purchaser and developer enter into a sales agreement which will transfer title to the purchaser; and (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after title has been delivered to the purchaser physically or delivered for recording to the clerk of the superior court in the county where the real property underlying the time-share project is located or at such other time as may be agreed upon in writing by the purchaser and developer. However, in the case of a time-share estate sold by agreement for deed, funds may only be disbursed to the developer after recording of the agreement for deed and, if necessary, a notice to creditors with secured interests in the property underlying the time-share project and, if the property is encumbered by a deed to secure debt or mortgage instrument, a nondisturbance instrument has been recorded

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in the public records of the county or counties in which the time-share is located; or alternatively, after the developer records a notice to the aforesaid creditors and obtains a release of lien for a time-share interval, funds may be disbursed pertaining to that time-share interval; and (4) Place any funds escrowed pursuant to this Code section with an escrow agent who shall be one of the following: an attorney in this state, a bank or savings and loan company having trust powers in this state, a title company in this state, or a real estate broker in this state. In lieu of the foregoing, the funds may be escrowed in an account required by the jurisdiction in which the sale of the time-share took place. The developer must notify the purchaser of the name and address of the escrow agent or the name, address, and account number of the bank or savings and loan company where the developer maintains the funds. Maintenance of trust funds and disbursements by an escrow agent in another state must be in accordance with the provisions of this article. The escrow agreement shall authorize the purchaser or the purchaser's representative to examine said trust account. (b) An escrow agent holding funds escrowed pursuant to this Code section may invest such escrowed funds in securities of the United States government, or any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States government. The right to receive the interest generated by any such investments shall be as specified by a written agreement between the developer and the purchaser. (c) Each escrow agent shall maintain separate books and records for each time-share project and shall maintain such books and records according to generally accepted accounting principles. 44-3-176. (a) If a developer enters into a sales agreement to sell a time-share interval and the construction, furnishing, and landscaping of the time-share project have not been substantially completed in accordance with the representations made by the developer in the disclosures required by this article, the developer shall deposit with an escrow agent all payments received by the developer from the purchaser towards the sales price until the project is substantially complete. Funds shall be released from escrow as follows: (1) If a purchaser properly terminates the sales agreement pursuant to its terms or pursuant to this article, the funds shall be paid to the purchaser together with any interest earned; (2) If the purchaser defaults in the performance of such purchaser's obligations under the sales agreement, the funds shall be paid to the developer together with any interest earned; or

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(3) If the funds of a purchaser have not been previously disbursed in accordance with the provisions of this subsection, they may be disbursed to the developer in accordance with this article by the escrow agent upon substantial completion of the time-share project. (b) In lieu of any escrows required by subsection (a) of this Code section, the purchasers shall have the discretion to accept in writing other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount equal to the cost to complete the time-share project. (c) For the purpose of this Code section, `substantially completed' means that all amenities, furnishings, applicances, and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy. 44-3-177. (a) Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following: (1) Article 1 of this chapter; (2) Chapter 5 of Title 10; or (3) Any other state law which requires the preparation of a public offering statement or substantially similar document for distribution to purchasers. (b) Any time-share program registered under this article that fails to restrict the price at which an owner may sell or exchange such owner's time-share interval shall not by virtue of such failure cause the time-share interval to become a security under Chapter 5 of Title 10; nor shall an exchange program offering such a time-share interval for exchange be construed to be offering a security under Chapter 5 of Title 10. 44-3-178. (a) In lieu of the public offering statement required by this article, the developer may give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 or, if the time-share project is located in another state, a public offering statement or similar disclosure document which that state may require to be prepared and provided to purchasers. (b) A public offering statement need not be prepared or delivered in the case of: (1) A transfer of a time-share interval by any time-share interval owner or user other than the developer or such developer's agent;

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(2) A disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations and negotiations took place wholly outside this state and the sales agreement was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance. 44-3-179. The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section 44-3-172. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received. 44-3-180. (a) Unless the purchaser expressly agrees in the sales agreement to accept such purchaser's interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser. (b) Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount of the lien attributable to such owner's time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver

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to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien. 44-3-181. The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of marketing, in the time-share program or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners of the time-share units, unless: (1) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval; (2) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due; (3) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and (4) Written notice is given to the association and notice shall be sent by certified mail within 30 days of the sale, lease, assignment, or other transfer. 44-3-182. The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made reasonably available for examination by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request. (1) The developer of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request: (A) A copy of the escrow agreement for each time-share interval sold or, if alternative arrangements are made, a copy of the documents relating to those arrangements;

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(B) Copies of lien releases, surety bonds, or other financial assurances executed by the developer to protect purchasers against any claims against the time-share program; (C) Copies of management agreements entered into with managing agents for the management of the time-share program; (D) Copies of agreements entered into with exchange programs for the inclusion of the time-share project in the exchange program's available facilities; and (E) For multilocation developers, copies of certified public accountants' reports required by subparagraph (a)(3)(F) of Code Section 44-3-172. (2) The managing agent of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request: (A) Copies of management agreements entered into with developers for the management of time-share programs; and (B) Copies of budgets and statements sent to developers and time-share interval owners accounting for common expense and maintenance assessments. (3) Exchange programs shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request: (A) Copies of agreements with developers for the inclusion of their projects in the exchange program's available facilities; (B) Copies of agreements with time-share interval owners for their membership in the exchange program; and (C) Copies of certified public accountants' reports as required by subparagraph (a)(2)(Q) of Code Section 44-3-172. 44-3-183. If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees.

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44-3-184. A judicial proceeding where the accuracy of the public offering statement or validity of any sales agreement is an issue and a rescission of the sales agreement is sought or damages are sought must be commenced within one year after the date upon which the last of the events described in paragraphs (1) through (3) of this Code section shall occur: (1) The closing of the transaction; (2) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidence of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this Code section, evidence of lawful occupancy shall be deemed to have been given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes; or (3) The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or to provide under the terms of the written contract for the sale of the unit. Part 4 44-3-185. (a) It shall be unlawful for any person, directly or indirectly, to seel or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist. (b) Nothing in this Code section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in subsection (a) of this Code section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share project so advertised. 44-3-186. No advertising for the sale or offer for sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer

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or its affiliate unless the resale program or rental program has been made a part of the offering; (2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain statements concerning the availability of time-share intervals at a particular minimum price if the number of time-share intervals available at that price comprises less than 10 percent of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement; (4) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as the legal requirements for further division of the time-share interval; (5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement in such a manner as to mislead the public; (6) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities which comprise the time-share project; (7) Misrepresent the nature or extent of any services incident to the time-share project; (8) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (9) Make any misleading or deceptive representation with respect to the registration of the time-share project, the sales agreement, the purchaser's rights, privileges, benefits, or obligations under the sales agreement or this article; (10) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; (11) Purport to have resulted through a referral unless the name of the person making the referral can be produced upon demand of any prospective purchaser or the time-share program's association; (12) Describe any proposed or uncompleted private facilities over which the developer has no control or documented right of use unless the estimated date of completion is set forth and evidence can be produced upon the demand of any prospective purchaser or the time-share program's association that the completion and operation

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of the facilities are reasonably assured within the time represented in the advertisement or that no assurances of completion are provided; (13) Contain any statement that the developer plans to affiliate with an exchange program; (14) Represent that any federal, state, county, or municipal agency, board, or commission has recommended the time-share project or any of its documents; or (15) Contain any statement guaranteeing or offering to guarantee the sale or resale of any time-share interval. 44-3-187. Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Section 10-1-393, relating to promotional contests and giveaways in general. Part 5 44-3-188. In the developer's financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated to the time-share program and shall make the same available upon reasonable request to owners of time-share intervals in the time-share program and the time-share program's association. The time-share program's association, in its discretion, may require the developer to submit periodic, written reports from the mortgagee, lienholder, or other creditor of the status of payments made on any underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated in the time-share program. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer. 44-3-189. The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreements, partial release of the lien as the time-share intervals are sold, or an agreement in writing that the lienholder will purchase nondefaulting purchasers' intervals in an amount equal to the amount agreed to by the parties but in no event less

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than the amount actually paid by the purchaser toward the purchase price of the time-share interval. Part 6 44-3-190. (a) It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent or managing agent within this state without first obtaining a license to act as a real estate broker if required by Chapter 40 of Title 43. (b) Prior to the closing of a resale of a time-share interval owned by a person other than the developer of the time-share program, no person may charge or collect any compensation for real estate brokerage services from the person reselling the time-share interval; provided, however, that such person providing real estate brokerage services may charge an advertising fee if: (1) Such person can document that said advertising fee was paid to a firm which regularly provides advertising services to promote the sale of real property and with which such person providing real estate brokerage services has no personal, familial, or business relationship; and (2) The party reselling the time-share interval signs an agreement authorizing the advertising fee and such agreement identifies the party to whom the advertising fee will be paid. If the person offering real estate brokering services on the resale of a time-share interval also offers a guaranteed sale of the interval, such person may not charge or collect any compensation for any purpose prior to the closing of the resale of the time-share interval. 44-3-191. (a) Time-share projects located outside this state and offered for sale in this state must comply with such time-share regulations as exist in the situs state unless the provisions of this article are more restrictive, and then the provisions of this article shall be equally applicable. A time-share project located outside this state may supplement its disclosure materials in that situs state with an added disclosure addendum to be applicable to sales occurring in this state, which disclosure addendum incorporates the law of this state if more restrictive. (b) Managing agents and exchange programs located outside this state and operating in this state must comply with all of the provisions of this article. 44-3-192. Compliance with this article shall not be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or such developer's agent;

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(2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations and negotiations took place wholly outside this state and the sales agreement was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance. Part 7 44-3-193. (a) A developer must alter or supplement the form of or information contained in the public offering statement to assure that the public offering statement adequately and accurately discloses to prospective purchasers the material required to be disclosed by this article. (b) The public offering statement shall not be used for any promotional purposes unless it is used in its entirety. No person shall advertise or represent that any federal, state, county, or municipal agency, board, or commission has approved or recommended the time-share program, its disclosure statement, or any of its documents. 44-3-194. Any developer or its agents shall keep among its business records and make reasonably available for examination to the purchaser or the time-share program's association or their authorized agent the following: (1) A copy of each item required by this article; (2) A copy of the sales agreement from each sale of a time-share interval in the time-share project, which sales agreement shall be retained for a period of at least three years after parties to the sale have completely performed all of their obligations thereunder; and (3) A list of all employees or independent contractors, including their last known mailing address, which list shall include all current and previous employees or independent contractors whose employment or contract has been terminated within the preceding three years.

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44-3-195. (a) Except that violations of Code Section 44-3-188 shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section 10-1-393, any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor except in the case the violation causes loss in excess of $5,000.00, then said person shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years. Each violation of this article shall constitute a separate offense. (b) Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or Attorney General or both may in his or her discretion apply to any court of competent jurisdiction in this state, including the Superior Court of Fulton County, for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant. (c) Any person who violates this article shall be liable in damages to any person or class of persons injured thereby. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees. 44-3-196. The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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COURTS JURORS; JURY CLERKS IN COUNTIES OF 600,000 OR MORE PERSONS; QUESTIONNAIRES AND VOIR DIRE; JURY COMMISSIONERS; JURY LISTS; OATH; DUTIES; PANELS; STRIKES; REFRESHMENTS AND FURNISHINGS; CHALLENGES; VENUE; ALTERNATIVE DISPUTE RESOLUTION IN CERTAIN CASES. Code Title 15, Chapter 12 Amended. Code Sections 17-7-150 and 19-5-1 Amended. No. 497 (House Bill No. 704). AN ACT To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to the punishment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel; to change the provisions relating to written questionnaires for prospective jurors and voir dire examination; to change the provisions relating to the compensation of jury commissioners and the clerk of the board of jury commissioners; to change the provisions relating to the compilation, maintenance, and revision of jury lists and grand jury lists; to change the oath of grand jurors; to provide that if the offices of the district attorney are in a county other than the county in which the grand jury is empaneled, inspection of such offices shall be optional; to change the provisions relating to required jury panels in civil actions; to amend certain provisions relating to demand of a jury panel from which to select a jury in civil actions; to change the provisions relating to the required panel from which to select a jury in a misdemeanor trial; to change the provisions relating to strikes; to change the provisions relating to the furnishing of juries with refreshments and heat; to provide for the furnishing of heat and air conditioning, privacy, furnishings, facilities, food, and beverages; to provide for additional grounds for the challenge of a prospective juror for cause; to provide for other matters relating to juries and jurors; to amend Code Section 17-7-150 of the Official Code of Georgia Annotated, relating to procedures for change of venue, so as to provide additional procedures for change of venue; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for alternative dispute resolution in cases in which a party is seeking a divorce or permanent alimony; to provide for other matters relating to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by striking Code Section 15-12-10, which reads as follows:

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15-12-10. If any person is drawn as a juror and duly summoned to appear as such at court or summoned as a tales juror and neglects or refuses to appear or if any juror absents himself without leave of the court, the court may fine such person in a sum of not more than $40.00 unless he shows good and sufficient cause or excuse on oath filed in the clerk's office of such court within 30 days after the opening of the court, the merits of which excuse shall be determined by the court at the next succeeding term. Upon the fine being levied by the court, the clerk of the court shall issue a writ of fieri facias and shall proceed to levy the fine, the proceeds of which shall be paid into the court., and inserting in its place a new Code Section 15-12-10 to read as follows: 15-12-10. If any person is drawn as a juror and duly summoned to appear as such at court, or summoned as a tales juror, and neglects or refuses to appear, or if any juror absents himself or hereself without leave of the court, said neglect, refusal, or absence may, after notice and hearing, be punished as contempt of court. SECTION 2 . Said chapter is further amended by striking Code Section 15-12-11, which reads as follows: 15-12-11. (a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges. (b) All prospective jurors in counties described in subsection (a) of this Code section shall be required to answer questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. (c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the

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court together with the facts concerning the same, and the court shall have such jurisdiction as is provided by law for subpoena, attachment, and contempt powers. (d) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of justice., and inserting in its place a new Code Section 15-12-11 to read as follows: 15-12-11. (a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges. (b) All prospective jurors in all counties may be required to answer written questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. In propounding the questions, the judges may consider the suggestions of counsel. In the questionnaire and during voir dire examination, judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process. (c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concerning the same, and the court shall have such jurisdiction as is provided by law for subpoena, attachment, and contempt powers. (d) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of justice. SECTION 3 . Said chapter is further amended by striking Code Section 15-12-24, which reads as follows:

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15-12-24. Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service., and inserting in its place a new Code Section 15-12-24 to read as follows: 15-12-24. Jury commissioners shall receive $50.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $50.00 to be paid in like manner. The chief judge of the superior court of the judicial circuit in which the county lies shall have the right, subject to the approval of the governing authority of the county, to increase the compensation provided by this Code section for the commissioners and clerk in an amount not exceeding $100.00 for each day's service, to be paid in like manner. SECTION 4 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-12-40, which reads as follows: (1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of intelligent and upright citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such lists shall be composed from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the board of jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county or the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, the board of jury commissioners shall supplement the lists by using other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county and the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from

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being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead., and inserting in its place a new paragraph (1) to read as follows: (1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. SECTION 5 . Said chapter if further amended by striking in its entirety subsection (b) of Code Section 15-12-67, relating to the selection of a foreperson and oath of the foreperson and grand jurors, and inserting in lieu thereof the following: (b) The following oath shall be administered to the foreperson and to each member of the grand jury: `You, as foreperson (or member) of the grand jury for the County of....., shall diligently inquire and true presentment make of all such matters and things as shall be given you in the court's charge or shall come to your knowledge touching the present service; and you shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this state. You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowledge. So help you God.' SECTION 6 . Said chapter is further amended in Code Section 15-12-71, relating to the duties of grand juries, by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following: (b)(1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the judge of

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the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is empaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is empaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable. SECTION 7 . Said chapter is further amended by striking Code Section 15-12-122, relating to required jury panels for civil actions, and inserting in lieu thereof a new Code Section 15-12-122 to read as follows: 15-12-122. (a) (1) Except as provided in paragraph (2) of this Code section, in all civil actions in the state courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. In all cases the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of six persons is impaneled to try the case. (2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section. (b) In all civil actions in the superior courts, each party may demand a full panel of 24 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury. In all cases the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of 12 persons is impaneled to try the case. SECTION 8 . Said chapter is further amended by striking Code Section 15-12-123, relating to demand of jury panels from which to strike a jury in a civil action, and inserting in lieu thereof a new Code Section 15-12-123 to read as follows:

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15-12-123. (a) Except as provided in subsection (b) of this Code section, in all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. (b) In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts as provided in subsection (b) of Code Section 15-12-122. SECTION 9 . Said chapter is further amended by striking Code Section 15-12-125, relating to required jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12-125 to read as follows: 15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall constitute the jury. SECTION 10 . Said chapter is further amended by striking Code Section 15-12-141, which reads as follows: 15-12-141. When the jury is confined in the investigation of a case for a length of time which exposes them to hunger and cold, the court, on application from the jury, may direct them to be furnished with such refreshments as the presiding judge may deem proper. The judge shall draw his warrant on the officer whose duty it is to audit claims against the county in which the investigation is being held, who shall order the same paid out of any funds on hand. The judge may also allow the jury heat if the circumstances require it. This Code section shall not repeal any local law on this subject.,

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and inserting in its place a new Code Section 15-12-141 to read as follows: 15-12-141. The governing authority of each county shall provide facilities for the empaneling of juries and for their deliberations. Jury deliberation rooms shall ensure the privacy of the jurors and include space, furnishings, and facilities conducive to reaching a fair verdict. The deliberation rooms shall be safe and secure. To the extent feasible, juror facilities shall be arranged to minimize contact between jurors and parties, counsel, and the public. While the jury is deliberating, the presiding judge may direct them to be furnished with such food and nonalcoholic beverages as the judge shall think proper. SECTION 11 . Said chapter is further amended by striking subsection (b) of Code Section 15-12-163, relating to challenges for cause, hearing of evidence, and when objection may be made, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The state or the accused may make any of the following objections to the juror: (1) That the juror is not a citizen, resident in the county; (2) That the juror is under 18 years of age; (3) That the juror is incompetent to serve because of mental illness or mental retardation, or that the juror is intoxicated; (4) That the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify the juror by law from serving on the jury; (5) That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror's civil rights have not been restored; or (6) That the juror is unable to communicate in the English language. SECTION 12 . Code Section 17-7-150 of the Official Code of Georgia Annotated, relating to procedures for change of venue, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a)(1) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is

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satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue; the judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly. (2) In the exercise of such discretion, the judge shall consult with the chief superior court judge of the circuit in which a county of transfer lies and consider the following factors: (A) The existing criminal and civil trial calendars of the transfer county; (B) The frequency of use as a transfer county; (C) The estimated length of trial; (D) The proposed date of trial; (E) Whether or not the jury is to be sequestered; (F) Which county shall be responsible for court security, prisoner security, bailiffs, jailers, and clerks of court personnel; (G) Jury transportation; (H) Securing hotel accommodations in the event of jury sequestration; (I) Securing of meals for jurors and other court personnel; (J) Which county will guarantee and pay vendors for services rendered; (K) The necessity for deposit or prepayment of expenses by the county of the crime venue; and (L) All other matters which reasonably may affect the orderly administration of justice in the transfer county. In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute. (3) Either by the agreement of the defense counsel, the prosecuting attorney, and the judge or by the exercise of discretion by the judge the trial jury may be selected from qualified jurors of the transfer county, although the trial of the criminal case may take place in the county of the venue of the alleged crime. In the exercise of discretion,

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to select the jury in the transfer county but to try the case in the county of venue of the alleged crime, the judge shall consult with the chief superior court judge of the circuit in which the county of transfer lies and consider all of the factors provided in subparagraphs (A) through (L) of paragraph (2) of this subsection as well as the following factors: (A) The hardship of sequestration a distance from home on the jurors; (B) The comparison of court space available; (C) The comparison of security, jail, clerical, and support staff; (D) The costs to conduct the trial in each place; (E) The impact of trial on the orderly administration of justice in each county; (F) The impact on witnesses; (G) The availability of hotel accommodations and meals for jurors in each county; (H) The effect on the prosecuting attorney and defense counsel in each county; and (I) All other matters which would afford a fair trial and the orderly administration of justice. In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute. SECTION 13 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-1, relating to authorization of total divorces, and inserting in lieu thereof a new Code Section 19-5-1 to read as follows: 19-5-1. (a) Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings. (b) In any county in which there has been established an alternative dispute resolution program pursuant to Chapter 23 of Title 15, known as the `Georgia Court-annexed Alternative Dispute Resolution Act,' the judge may, prior to trial, refer all contested petitions for divorce or

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permanent alimony to the appropriate alternative dispute resolution method. In counties in which an alternative dispute resolution program has not been established, a judge may nonetheless refer any disputed divorce case to an appropriate alternative dispute resolution method if a method is reasonably available without additional cost to the parties. SECTION 14 . This Act shall become effective July 1, 1995. Section 12 of this Act shall apply to all criminal cases in which the county of transfer has not been designated by court order. SECTION 15 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. HANDICAPPED PERSONS COMPREHENSIVE EDITORIAL REVISION OF CODE REFERENCES TO HANDICAPPED PERSONS AND RELATED TERMS; CERTAIN TERMS DEFINED; BUILDING AND PARKING LOT ACCESSIBILITY; REGISTRATION AND LICENSE PLATES FOR CERTAIN GOVERNMENT-OWNED VEHICLES. Code Titles 8, 12, 16, 20, 21, 30, 31, 32, 33, 34, 36, 37, 40, 42, 43, 45, 46, 48, 49, and 50 Amended. No. 499 (House Bill No. 601). AN ACT To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such public facilities by persons with disabilities; to provide for policy and intent; to change certain definitions; to provide for rules and regulations of the Safety Fire Commissioner which shall meet the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities; to require certain buildings and facilities receiving permits for construction or renovation after July 1, 1995, to comply with such rules and regulations; to provide for editorial revisions; to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change certain definitions; to change a reference; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the provisions of the Georgia Equal Employment for the Handicapped Code; to change certain references to handicapped persons; to provide for persons with disabilities; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for five-year registration and license plates for vehicles owned by the State of Georgia

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and its political subdivisions; to provide for exceptions; to change the provisions relating to special license plates for disabled persons; to change the provisions relating to handicapped indentification cards; to change certain references to handicapped persons; to provide for cards for persons with disabilities; to change the provisions of the Handicapped Parking Law; to change certain references to handicapped persons; to provide for parking places for persons with disabilities; to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the Fair Employment Practices Act of 1978, so as to change the definition of certain terms; to change references to handicapped person; to provide for persons with disabilities; to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change the provisions relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from educational institutions; to amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, so as to change certain definitions applicable to said chapter; to amend various sections of the Code to change references to handicap, handicaps, handicapped, the handicapped, handicapped person, handicapped persons, and handicapping; to provide for persons with disabilities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 3 to read as follows: CHAPTER 3 30-3-1. The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable persons with disabilities or elderly persons to participate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public. 30-3-2. As used in this chapter, the term: (1) `ADAAG' means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States

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Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register . (2) `Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ADAAG to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ADAAG, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a person with disabilities, within 30 days after his or her application for occupancy is approved by the owner. (3) `American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities. (4) `Commissioner' means the Safety Fire Commissioner provided for in Chapter 2 of Title 25. (5) `Covered multifamily dwelling' means a building which had first occupancy after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. (6) `Facilities' shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. (7) `Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds. (8) `Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding

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covered multifamily dwellings; provided, however, that this chapter shall require fully accessible or adaptable units in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided, further, that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall. (9) `Reasonable number' for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, as used in Code Section 30-3-4, shall mean the minimum number as established by ADAAG. (10) `Reasonable number' for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, as used in Code Section 30-3-4 shall be defined for each of the following standards to mean: (A) `Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reasonable number' shall be determined as follows: Total number of Number of designated accessible parking parking spaces spaces 1-400 A minimum number of 1 space or 2 percent of the total provided, whichever is greater 401 and greater 8 spaces plus 1 percent of the total provided provided above 401 (B) `Accessible entrances (ANSI 4.14) in a reasonable number' means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by persons with disabilities; (C) `Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessible to and usable by persons with disabilities at least one toilet room, bathroom, bathing facility, and shower room at a reasonable located shall conform to ANSI 4.22; and

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(D) `Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number' means the following: Total number Number of accessible spaces required Up to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both (11) `Renovation' means: (A) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard; (B) Any component of a building, structure, or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or (C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision. 30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAG and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986

Page 1307

for making buildings and facilities accessible to and usable by people with disabilities except as otherwise provided in paragraph (10) or subparagraph (C) of paragraph (11) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted. 30-3-4. (a) Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unles it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430. (b) All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:

Page 1308

(1) In such a manner that: (A) The public and common use areas are readily accessible to and usable by persons with disabilities; (B) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and (C) All premises within covered multifamily dwelling units contain the following features of adaptable design: (i) An accessible route into and through the covered dwelling unit; (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are provided; and (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or (2) To conform to the appropriate standards and requirements of Code Section 30-3-3 and 30-3-5. 30-3-5. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities, except as otherwise provided in paragraph (10) and subparagraph (C) of paragraph (11) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for persons with disabilities, as appropriate: (1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); (2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and

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(4) Accessible seating, tables, and work surfaces in a reasonable number. 30-3-6. (a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July 1, 1995, shall include at least one parking space for persons with disabilities accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exist from such space unless gate-opening mechanisms are provided at a height accessible to a van driver. (b) Compliance with this Code section may be waived under the same conditions as provided in Code Section 30-3-3. 30-3-7. (a) (1) Except for buildings under the jurisdiction of the Board of Regents of the University System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter. (2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties: (A) No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3-5 and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All plans and specifications shall identify the architect or engineer who prepared them in a manner acceptable to the Commissioner. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-4.1. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph; (B) In any case where the Commissioner denies approval under subparagraph (A) of this paragraph or an exemption under subparagraph (C) of this paragraph, the rights and remedies of the

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person submitting the same shall be those provided by Chapter 2 of Title 33; (C) Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements. (b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No construction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction. (c) Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Sections 30-3-3 and 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the

Page 1311

architect or engineer, for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction. (d) In the performance of their responsibilities under this chapter, all state rehabilitation agencies and appropriate elected or appointed officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or any combination thereof, having jurisdiction over the buildings in question. (e) The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or any combination thereof, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this chapter and its application. (f) (1) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph (11) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of paragraph (11) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subparagraph (C) of paragraph (11) of Code Section 30-3-2. (g) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. Such rules, regulations, and procedures shall not be less restrictive than those established by the Commissioner.

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(h) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. 30-3-8. Any person, firm, or corporation who violates this chapter, or who causes another person, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor. 30-3-9. (a) Any provision of this chapter which affords persons with disabilities greater access than is required by federal law shall be fully effective. (b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guidelines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section. SECTION 2 . Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-201, relating to definitions applicable to said article, and inserting in lieu thereof a new Code Section 8-3-201 to read as follows: 8-3-201. As used in this article, the term: (1) `Administrator' means the administrator of the Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45. (2) `Aggrieved person' means any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur. (2.1) `Board of commissioners' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board. (3) `Complainant' means the person, including the administrator, who files a complaint under Code Section 8-3-208.

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(4) `Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator. (5) `Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation. (6) `Covered multifamily dwelling' means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. (7) `Disability' means, with respect to a person: (A) A physical or mental impairment which substantially limits one or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. (8) `Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222. (9) `Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (10) `Familial status' means, with respect to a person: (A) That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian; (B) That the person is the designee of a parent or other person having legal custody, with the written permission of the parent or other person, and that one or more individuals who have not attained the age of 18 years are being domiciled with such person; or (C) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (11) `Family' includes a single individual. (12) `Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual

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companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (13) `Respondent' means: (A) The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and (B) Any other person or entity identified in the course of an investigation and notified as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207. (14) `State' means the State of Georgia. (15) `To rent' means to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. SECTION 3 . Said article is further amended by striking in its entirety Code Section 8-3-223, relating to compliance with the Fair Housing Amendments Act of 1988 (Pub. L. 100-430), and inserting in lieu thereof a new Code Section 8-3-223 to read as follows: 8-3-223. Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph (7) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of persons with disabilities be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail. SECTION 4 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking in its entirety Chapter 6A, known as the Georgia Equal Employment for the Handicapped Code, and inserting in lieu thereof a new Chapter 6A to read as follows: CHAPTER 6A 34-6A-1. This chapter shall be known and may be cited as the `Georgia Equal Employment for Persons With Disabilities Code.' 34-6A-2. As used in this chapter, the term: (1) `Disability' means any condition or characteristic that renders a person an individual with disabilities but shall not include addiction to

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any drug or illegal or federally controlled substance nor addiction to the use of alcohol. (2) `Employer' means a person or governmental unit or officer in this state having in his, her, or its employ 15 or more individuals or any person acting as an agent of an employer. (3) `Individual with disabilities' means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities and who has a record of such impairment. The term `individual with disabilities' shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance nor addiction to the use of alcohol. (4) `Labor organization' means an organization of any kind; agents of such organization; an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (5) `Major life activities' means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (6) `Persons' means one or more individuals, partnerships, this state, municipalities or other political subdivisions within the state, associations, labor organizations, or corporations. (7) `Physical or mental impairment' means: (A) Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or (B) Mental retardation and specific learning disabilities. (8) `Substantially limits' means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining, or advancing in employment because of a disability. (9) `Unfair employment practice' means an act that is prohibited under this chapter. 34-6A-3. (a) Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the disability

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of an applicant for employment and about the extent to which that disability has been overcome by treatment, medication, appliances, or other rehabilitation. (b) Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of: (1) A disability which interferes with a person's ability to perform assigned job duties adequately; or (2) Any communicable disease, either carried by or afflicting the applicant. (c) Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an employer's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person. 34-6A-4. (a) No employer shall fail or refuse to hire nor shall any employer discharge or discriminate against any individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's disability unless such disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate, or classify individuals with disabilities in any way which would deprive or tend to deprive any individual with disabilities of employment opportunities or otherwise affect employee status because of such person's disability, unless such disability constitutes a bona fide and necessary reason for such limitation, segregation, or classification. This subsection shall not be construed to require any employer to modify his or her physical facilities or grounds in any way or exercise a higher degree of caution for an individual with disabilities than for any person who is not an individual with disabilities, nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater proportion of individuals with disabilities than individuals without disabilities within the area from which the employer customarily hires his or her employees. (b) No employment agency, placement service, training school or center, or labor organization shall fail or refuse to refer for employment or otherwise discriminate against individuals because of their disability. (c) No labor organization shall exclude or expel from its membership or otherwise discriminate against individuals because of their disability; nor shall a labor organization limit, segregate, or classify its membership

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or classify or fail or refuse to refer for employment any individual with disabilities in any way which would deprive or tend to deprive any individual with disabilities of employment opportunities, would otherwise affect such person's employee status or employment applicant status, or would adversely affect such person's wages, hours, or conditions of employment because of such person's disability. (d) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's disability, in the admission to or the employment in any program established to provide apprenticeship or other training. (e) It is discrimination for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such employer, which advertisement or notice indicates any preference, limitation, specification, or discrimination based on disability, except that such a notice or advertisement may indicate a limitation or specification based upon disability if the criteria is job related. 34-6A-5. No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by this chapter or because such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, proceeding, or hearing under this chapter; nor shall any employment agency discriminate against any person; nor shall a labor organization discriminate against any member or applicant for membership for such reasons. 34-6A-6. (a) Any individual with disabilities who is aggrieved by an unfair employment practice against such individual may institute a civil action against the persons engaged in such prohibited conduct. Such action may be brought in any court of record in this state having jurisdiction over the defendant and shall be brought within 180 days after the alleged prohibited conduct occurred. However, no person shall be a party plaintiff to any such action unless such person gives his or her consent in writing and such consent is filed with the court in which the action is brought. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including but not limited to hiring, reinstatement, or upgrading of employees; admission or restoration of the aggrieved individual to union membership; admission to or participation in a guidance program,

Page 1318

apprenticeship training program, on-the-job training program, or other occupational training or retraining program; and the utilization of training related criteria in the admission of individuals to such training programs and job related criteria for employment. The court may award to the plaintiff back pay. The court may award court costs and reasonable attorneys' fees to the prevailing party. SECTION 5 . Title 40 of the Official Code of Georgia Annotated, relating to the motor vehicles and traffic, is amended by striking in its entirety Code Section 40-2-37, relating to the registration and licensing of vehicles of state and political subdivisions, and inserting in lieu thereof a new Code Section 40-2-37 to read as follows: 40-2-37. (a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection

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shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates. (c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: `STATE,' `CITY,' `COUNTY,' `AUTHORITY,' or `BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. (d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. (e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. (f) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 1996.

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SECTION 6 . Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability. (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, `hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term `hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment. SECTION 7 . Said title is further amended by striking in its entirety Article 8 of Chapter 5, relating to handicapped indentification cards, and inserting in lieu thereof a new Article 8 to read as follows: ARTICLE 8 40-5-170. As used in this article, the term: (1) `Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. (2) `Identification card for persons with disabilities' means an identification card issued as provided in this article.

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(3) `Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years. (4) `Person with disabilities' means any person with a permanent or temporary disability. (5) `Temporary disability' means any disability which is expected to continue for at least six months but less than five years. 40-5-171. (a) The Department of Public Safety shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Post where the identification card was issued; and (11) Signature of person identified. (b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. 40-5-172. (a) The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four years and shall

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be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons: (1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal. (b) The identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter. 40-5-173. The face of the identification card for persons with disabilities shall prominently bear the words `URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request. 40-5-174. The face of the identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. 40-5-175. The identification card for persons with disabilities shall bear the word `SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state.

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40-5-176. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented. 40-5-177. The department shall require an applicant for an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date. 40-5-178. (a) The department shall collect a fee of $5.00 for the an identification card for persons with disabilities, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees. (b) The department shall not be authorized to collect a fee for an identification card for persons with disabilities from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36. 40-5-179. It is a misdemeanor for any person: (1) To use a false or fictitious name in any application for an identification card for persons with disabilities or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application; (2) To display or cause to be displayed or have in his or her possession any fictitious or fraudulently altered identification card for persons with disabilities; (3) To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and (4) To display or represent as his or her own any identification card for persons with disabilities not issued to him or her. SECTION 8 . Said title is further amended by striking in its entirety Part 2 of Article 10 of Chapter 6, known as the Handicapped Parking Law, and inserting in lieu thereof a new Part 2 to read as follows: Part 2 40-6-220. This part shall be known and may be cited as the `Parking Law for Persons with Disabilities.'

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40-6-221. As used in this part, the term: (1) `Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Safety. (2) `Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. (3) `Parking place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows: (A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: `Permit Parking Only,' `Tow-Away Zone,' or the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for parking place designations for persons with disabilities in this state; or (B) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words `Tow-Away Zone' or `Parking Only for Persons with Disabilities' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph. (4) `Permanently disabled person' means a person with disabilities whose disability or incapacity can be expected to last for more than 180 days. (5) `Person with disabilities' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (6) `Ramp' shall mean, in addition to any other specified meanings: (A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and (B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted.

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(7) `Temporarily disabled person' means a person with disabilities whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be limited to, any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for access to parking for persons with disabilities. 40-6-222. (a) The Department of Public Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily disabled person and stating a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. (c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently disabled person. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued.

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(d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this part. (e) The department shall issue a special permanent permit to any person who: (1) Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically disabled due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit: `Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.' 40-6-223. The Department of Public Safety shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part. 40-6-224. State and local authorities shall honor visitors' out-of-state handicapped license plates or persons with disabilities license plates and similar special parking permits on the same basis as license plates for persons with disabilities and special parking permits issued within this state. 40-6-225. Any business entity may elect to designate parking places for persons with disabilities for the nonambulatory. Such parking places for the

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nonambulatory shall be in addition to any parking places for persons with disabilities required by Chapter 3 of Title 30. Such parking places for the nonambulatory shall be clearly marked by a sign bearing the words `Parking for Persons with Disabilitiesnonambulatory persons only.' Such parking places for the nonambulatory shall only be utilized for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of a vehicle while in such parking place. A vehicle in a parking place for the nonambulatory shall be required to have a valid unexpired parking permit for persons with disabilities or a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222. For the purposes of this Code section, the term `nonambulatory permanently disabled person' means a person who is permanently disabled as a result of the loss or loss of use of one or both legs and who is dependent upon crutches, a walker, or a wheelchair for locomotion. 40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222. (b) (1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities. (2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities.

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(d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property. (f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words `Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner. 40-6-227. The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property.

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40-6-228. (a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been convicted of a felony, and is a person with disabilities as defined in paragraph (5) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section. (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; (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 possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or (5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the parking laws of the state for persons with disabilities. (c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipality, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-226. (d) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of Code Section

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40-6-226 or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor. SECTION 9 . Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the Fair Employment Practices Act of 1978, is amended by striking in its entirety Code Section 45-19-22, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 45-19-22 to read as follows: 45-19-22. As used in this article, the term: (1) `Administrator' means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised of an Equal Employment Division and a Fair Housing Division. (2) `Board' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23. (3) `Disability' means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective employee's disability without undue hardship on the conduct of the employer's operation. (4) `Discrimination' means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (5) `Public employer' or `employer' means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of

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Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as immediate advisers with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term `public employer' shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved. (6) `Public employment' means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia. (7) `Religion' means all aspects of religious observance and practice as well as belief. (8) `Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45. SECTION 10 . Said article is further amended by striking in its entirety the term handicap wherever it shall occur in said article (Code Sections 45-19-21, 45-19-27, 45-19-29, 45-19-30, 45-19-31, 45-19-33, 45-19-35, and 45-19-38) and inserting in lieu thereof the word disability. SECTION 11 . Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking in its entirety Code Section 48-5-470.1, relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from educational institutions, and inserting in lieu thereof a new Code Section 48-5-470.1 to read as follows: 48-5-470.1. All motor vehicles owned by a school or educational institution and used principally for the purpose of transporting persons with disabilities or disabled students to or from such school or educational institution are exempted from any and all ad valorem taxes imposed by any tax jurisdiction in this state. The exemption provided for in this Code section shall apply only when such school or educational institution is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as such section exists on January 1, 1984. SECTION 12 . Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, is amended by striking in its entirety

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Code Section 49-9-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 49-9-1 to read as follows: 49-9-1. As used in this article, the term or terms: (1) `Blind person' means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field. (2) `Director' means the official of the department who is charged with the administration of its functions under this article. (3) `Disability to employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance. (4) `Disabled individual' means any person who has a substantial disability to employment. (5) `Division' means the Division of Rehabilitation Services of the Department of Human Resources. (6) `Maintenance' means money payment not exceeding the estimated cost of subsistence during the provision of vocational rehabilitation or rehabilitation services. It further includes amounts, in cash or in kind, to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabilitation or rehabilitation services. (7) `Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation. (8) `Physical restoration' means any medical, surgical, or therapeutic treatment necessary to correct or reduce substantially a disabled individual's disability to employment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for any acute or transitory condition. (9) `Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ. (10) `Regulations' means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law.

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(11) `Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of disabled persons which provides one or more of the following types of services: (A) Testing, fitting, or training in the use of prosthetic devices; (B) Prevocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; or (D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of disabled persons and an integrated program of physical restoration and prevocational training is provided under competent professional supervision and direction. (12) `Rehabilitation training' means all necessary training provided to a disabled individual to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities. (13) `Vocational rehabilitation' and `vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his or her disability to employment and to enable such individual to engage in a remunerative occupation, including, but not limited to, medical and vocational diagnosis; vocational guidance; counseling and placement; rehabilitation training; physical restoration; transportation; occupational and business licenses; equipment; initial stocks and supplies, including livestock; capital advances; maintenance; and training books and materials. (14) `Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing therapeutic and rehabilitative activities, including the use of monetary rewards as an incentive therapeutic practice for severely disabled persons unable to engage in the competitive labor market. Persons receiving therapy in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes. SECTION 13 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms handicap and handicaps wherever the same shall occur and inserting in lieu thereof the terms disability and disabilities, respectively:

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(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (2) Code Section 8-3-203, relating to the unlawful denial of or discrimination in membership or participation in service or organization relating to selling or renting dwellings; (3) Code Section 12-5-248, relating to criminal violations under the Shore Protection Act; (4) Code Section 16-15-2, relating to legislative findings and intent applicable to the Georgia Street Gang Terrorism and Prevention Act; (5) Code Section 20-2-153, relating to special instructional assistance program for students with developmental deficiencies; (6) Code Section 20-2-165, relating to equalization grants and annual calculation; (7) Code Section 21-2-452, relating to admission of electors to enclosed space; (8) Code Section 21-2-470, relating to ballot procedures in general; (9) Code Section 21-3-362, relating to the admission of electors to enclosed space; (10) Code Section 21-3-380, relating to ballot procedures in general; (11) Code Section 31-1-3.1, relating to reporting handicapped newborn persons; (12) Code Section 33-9-4, relating to standards applicable to making and use of insurance rates; (13) Code Section 33-24-28, relating to termination of hospital or medical expense insurance policy or hospital or medical service plan coverage for a dependent child upon attainment of specified age; (14) Code Section 34-9-283, relating to applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial handicaps; (15) Code Section 36-87-2, relating to the authority of countries and municipal corporations to participate in federal programs; (16) Code Section 37-3-163, relating to recognition of patient's physical integrity; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity with respect to mentally retarded; (18) Code Section 37-7-163, relating to recognition of alcoholics' and drug users' physical integrity when under treatment;

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(19) Code Section 40-5-35, relating to reports by physicians and vision specialists; (20) Code Section 43-3-8, relating to oral examinations for certified public accountants; (21) Code Section 43-3-15, relating to oral examinations for registered public accountants; (22) Code Section 43-12-2, relating to qualifications applicable to disabled veterans and blind persons engaging in certain businesses or practicing certain professions; (23) Code Section 43-39A-18, relating to penalties for violation of the Real Estate Appraiser Classification and Regulation Act; (24) Code Section 43-40-25, relating to violations under Chapter 40 of Title 43 regarding real estate brokers and salespersons; (25) Code Section 45-20-1, relating to purposes of Article 1 of Chapter 20 of Title 45 regarding the State Merit System of Personnel Administration; (26) Code Section 45-20-4, relating to creation of the position of commissioner of personnel administration; (27) Code Section 48-8-3, relating to exemptions from the state sales and use tax; (28) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources under the Children and Youth Act; and (29) Code Section 50-5-136, relating to the powers and authority of the State Use Council. SECTION 14 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the term handicapped wherever the same shall occur and inserting in lieu thereof the term disabled; provided, however, that this section shall not apply in any case where the term handicapped is preceded by the word the and not followed by the word person or persons, but Section 13 of this Act shall apply in any such case: (1) Code Section 8-2-31, relating to the effect of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building plumbing, electrical, and other building codes; (2) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (3) Code Section 20-2-142, relating to prescribed courses and materials on the effect of alcohol in the competencies and core curriculum in elementary and secondary schools;

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(4) Code Section 20-2-151, relating to general and career education programs; (5) Code Section 20-2-152, relating to special education services; (6) Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs; (7) Code Section 20-2-188, relating to student transportation; (8) Code Section 20-2-281, relating to assessment of effectiveness of educational programs; (9) Code Section 20-2-301, relating to Coordinating Committee for Exceptional Individuals; (10) Code Section 20-2-305, relating to county and regional libraries; (11) Code Section 20-2-1160, relating to local boards as tribunals to determine school law controversies, except in subsection (f) with respect to the phrase Education for All Handicapped Children Act of 1975; (12) Code Section 20-13-8, relating to licensure under the Georgia Public Telecommunications Commission Act; (13) Code Section 21-2-265, relating to polling places and handicapped facilities; (14) Code Section 21-2-409.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (15) Code Section 21-2-452, relating to admission of electors to enclosed space; (16) Code Section 21-2-470, relating to ballot procedures in general; (17) Code Section 21-3-318.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (18) Code Section 21-3-362, relating to admission of electors to enclosed space; (19) Code Section 21-3-380, relating to ballot procedures in general; (20) Code Section 30-1-2, relating to public employment of physically disabled persons; (21) Code Section 30-4-2, relating to right to housing accomodations; (22) Code Section 31-1-3.1, relating to reporting handicapped newborn persons;

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(23) Code Section 32-4-94, relating to standards for construction of curb ramps; (24) Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; (25) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chapter 9 of Title 34 regarding the subsequent injury trust fund; (26) Code Section 40-2-71, relating to the design of disabled veteran license plates; (27) Code Section 42-8-35.1, relating to special alternative incarceration; (28) Code Section 45-20-51, relating to definitions applicable to Article 3 of Chapter 20 of Title 45 regarding voluntary deductions from wages or salaries of state employees for benefit of charitable organizations; (29) Code Section 46-1-1, relating to definitions applicable to Title 46; (30) Code Section 48-5-41, relating to property exempt from taxation; (31) Code Section 48-8-3, relating to exemptions from the state sales and use tax; (32) Code Section 49-2-6, relating to the duties and powers of the Department of Human Resources; (33) Code Section 49-2-12, relating to the development and revision of transportation plan for programs of the Department of Human Resources; (34) Code Section 49-3-6, relating to functions of county departments of family and children services; (35) Code Section 49-9-10, relating to the authorization for the Division of Rehabilitation Services of the Department of Human Resources to provide independent-living services; and (36) Code Section 50-5-136, relating to the powers and authority of the State Use Council. SECTION 15 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrase the handicapped and inserting in lieu thereof the phrase persons with disabilities: (1) Code Section 8-2-3, relating to building requirements for toilets, shower heads, and faucets;

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(2) Code Section 12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission; (3) Code Section 20-2-161, relating to the Quality Basic Education Formula; (4) Code Section 20-2-1074, relating to transportation for elderly, handicapped, and 4-H activities; (5) Code Section 20-4-15, relating to the establishment of adult literacy programs; (6) Code Section 21-2-265, relating to polling places and handicapped facilities; (7) Code Section 21-3-164, relating to polling places and access for the handicapped; (8) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chapter 9 of Title 34 regarding the subsequent injury trust fund; (9) Code Section 43-28-3, relating to definitions applicable to the Georgia State Occupational Therapy Licensing Act; (10) Code Section 50-5-31, relating to definitions applicable under the State Space Management Act of 1976; (11) Code Section 50-5-161, relating to the definition of the term telecommunications system for purposes of the Telecommunications Consolidation Act of 1973; and (12) Code Section 50-8-36, relating to human service programs and the delivery of governmental services to consumers. SECTION 16 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrases handicapped person or handicapped persons wherever the same shall occur and inserting in lieu thereof the phrases person with disabilities and persons with disabilities, respectively: (1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings: (2) Code Section 30-4-1, relating to right to equal public accomodations; (3) Code Section 34-4-4, relating to the authority of the Commissioner of Labor to grant exemptions from operation of the Georgia Minimum Wage Law;

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(4) Code Section 49-2-13, relating to indentifying the transportation needs of elderly and handicapped persons and alternatives to meet them; (5) Code Section 49-2-13.1, relating to financial assistance for transportation services for elderly and handicapped persons; and (6) Code Section 49-9-15, relating to retention of title to, use of, and sale or exchange of tools, equipment, or other items of value with respect to vocational services. SECTION 17 . The Official Code of Georgia Annotated is amended by striking from the following Code sections the term handicapping wherever the same shall occur and inserting in lieu thereof the term disabling: (1) Code Section 20-2-152, relating to special education services; (2) Code Section 20-2-153, relating to special instructional assistance program for students with developmental deficiencies; (3) Code Section 20-2-270, relating to establishment of state-wide network of regional educational service agencies; (4) Code Section 37-2-1, relating to purpose of Chapter 2 of Title 37 regarding the administration of mental health and mental retardation services generally; (5) Code Section 37-2-2, relating to definitions applicable to Chapter 2 of Title 37 regarding the administration of mental health and mental retardation services generally; and (6) Code Section 43-10A-3, relating to definitions applicable to the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law. SECTION 18 . (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1995. (b) Section 5 of this Act shall become effective on January 1, 1996. SECTION 19 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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EDUCATION STATE GRANTS TO LOCAL SYSTEMS BASED ON ACHIEVEMENT; REGIONAL EDUCATIONAL SERVICE AGENCIES; EXEMPTION FROM COMPREHENSIVE EVALUATION REQUIREMENT FOR CERTAIN SCHOOLS; PUBLIC SCHOOL DISCIPLINARY TRIBUNAL ACT AMENDED; CERTAIN DISCIPLINARY SANCTIONS AUTHORIZED. Code Title 20, Chapter 2 Amended. No. 500 (House Bill No. 145). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide for state grants to local school systems on the basis of achievement; to change the manner in which such funds may be expended; to change provisions relating to the establishment of a state-wide network of regional educational service agencies; to change certain provisions relating to the powers and duties of each agency board of control; to change provisions relating to programs and services to be administered by the regional educational service agency director; to change provisions relating to the financing of agency expenses and programs; to provide an exemption from the requirement of comprehensive evaluations of public schools and the standards and procedures relating thereto; to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Public School Disciplinary Tribunal Act, so as to authorize local boards of education to impose certain disciplinary sanctions upon students who are still subject to such sanctions by another school system; to provide for a definition; to provide for requests and responses thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking Code Section 20-2-253, relating to incentive awards, in its entirety and inserting in lieu thereof the following: 20-2-253. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with grants, subject to appropriation by the General Assembly. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of achievement, high levels of improved achievement, or to raise the performance of lower achieving schools or school systems. The amount of such grants shall be reflective of the most

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recent full-time equivalent counts of the qualified public schools or local school systems, respectively, and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such grants may expend these funds in a manner they deem appropriate. Such recipients of the grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of achievement areas for which public schools and local school systems may receive grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section. SECTION 2 . Said article is further amended by striking Part 11 thereof in its entirety and inserting in lieu thereof a new Part 11 to read as follows: Part 11 20-2-270. (a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes: of providing shared services designed to improve the effectiveness of educational programs and services to local school systems; providing instructional programs directly to selected public school students in the state; providing Georgia Learning Resources System services; and implementing state initiatives as required by the state board. The regional educational service agencies established by the state board may legally be referred to as `RESA' or `RESA's.' The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272. (b) The state board shall be authorized to fund services, programs, and initiatives provided for in subsection (a) of this Code section through RESA's either by contract or cooperative agreement. Beginning July 1, 1996, the state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System. (c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority

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of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member and nonmember local school systems shall be provided the services of the Psychoeducational Network. 20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas. (b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually. 20-2-272. (a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems.

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The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval. (c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each non-standard agency has made toward addressing identified deficiencies. (d) Boards of control shall determine the optional assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate local resources accordingly. Boards of control shall annually review the progress and cost effectiveness of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives. (e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local

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share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271. 20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the executive officer of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control, including the Georgia Learning Resources System, except for those under contract with a local board of education serving as fiscal agent for the Georgia Learning Resources System. (b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270. 20-2-274. (a) The state board shall be authorized to provide each regional educational service agency with a uniform program grant, subject to appropriation by the General Assembly. The uniform program grant shall consist of the same fixed amount for each regional educational service agency which funds shall be used to finance the basic administrative overhead of the regional educational service agencies. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each regional educational service agency shall submit a proposal to the State Board of Education for implementing state initiatives. The State Board of Education shall review the proposals and enter into a contract or cooperative agreement with the regional educational service agency

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to carry out these purposes. The State Board of Education shall determine the amount of any contract award or amounts expended pursuant to a cooperative agreement. The State Board of Education shall develop and implement policies, rules, and regulations to carry out this part. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of membership funds. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. (b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants and contracts from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control other than those designated to local systems designated as fiscal agent for a Georgia Learning Resource System through contract with the State Board of Education. SECTION 3 . Said article is further amended by striking subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools, and inserting in its place a new subsection to read as follows: (a)(1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.1) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;

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(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics; (E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and (I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. (2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education. (3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools,

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and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection. SECTION 4 . Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Public School Disciplinary Tribunal Act, is amended by adding immediately following Code Section 20-2-751 a new Code section to read as follows: 20-2-751.1. (a) As used in this Code section, the term `disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system may request another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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INSURANCE MOTOR VEHICLE INSURANCE PREMIUM REDUCTION FOR QUALIFIED STUDENTS; LICENSES AND DISPLAY CERTIFICATES; COVERAGE FOR CHILD WELLNESS SERVICES; GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION; PRODUCER CONTROLLED PROPERTY AND CASUALTY INSURERS; REPORTS REQUIRED OF DOMICILED INSURERS REGARDING CERTAIN ACQUISITIONS AND DISPOSITIONS; CASH DEPOSITS REQUIRED OF SELF-INSURERS. Code Title 33 Amended. Code Section 40-9-101 Amended. No. 501 (Senate Bill No. 129). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for premium reductions in motor vehicle insurance policies; to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor; to provide for the payment of costs and fees for certain services; to provide definitions; to provide that certain individual accident and sickness insurance policies and group accident and sickness insurance policies shall be required to provide basic coverage for child wellness services for any insured child from birth through the age of five years; to authorize the Commissioner of Insurance to define child wellness services by regulation; to authorize certain limitations in such coverage; to provide that such coverage shall not be subject to deductibles; to provide for construction; to provide for applicability; to provide for information concerning the cost of such coverage to be supplied to the members of the General Assembly; to revise the scope of coverage available under the Georgia Life and Health Insurance Guaranty Association; to revise the definition of member insurer with respect to such association; to revise what shall be considered as control or controlled with regard to producer controlled property and casualty insurers; to require insurers domiciled in this state to file reports with the Commissioner of Insurance and other entities disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements; to provide for the time of filing such reports; to provide for the confidential treatment of such reports; to provide what acquisitions and dispositions of assets shall be considered material; to provide what nonrenewals, cancellations, or revisions shall be considered material; to provide exemptions; to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements

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concerning cash deposits; to provide for matters relative to the foregoing; to provide for legislative intent; to provide effective dates; 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 striking Code Section 33-9-43, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, in its entirety and inserting in lieu thereof a new Code Section 33-9-43 to read as follows: 33-9-43. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school; (B) Academic courses in a college or university; or (C) Vocational technical school; (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a `B' average or better; (C) Has a 3.0 average or better; or (D) Is on the `Dean's List' or `Honor Roll'; and (4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification. (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be

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approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 and that suspension has not been reversed, if appealed from. SECTION 2 . Said title is further amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses and display certificates for agents, subagents, counselors, or adjusters, and inserting in lieu thereof a new Code Section 33-23-11 to read as follows: 33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered, and the other conditions of licensing. (c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate and the form and content of the certificate. (d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative,

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record keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this chapter and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and shall be paid directly to the providers of such services. The Commissioner may require applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display directly to the provider of such services. The Commissioner may require insurers to pay such charges for administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in proportion to the number of their authorized agents. SECTION 3 . Said title is further amended by adding immediately following Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests in individual policies of accident and sickness insurance, a new Code Section 33-29-3.3 to read as follows: 33-29-3.3 (a) As used in this Code section, the term: (1) `Child wellness services' means the periodic review of a child's physical and emotional status conducted by a physician or conducted pursuant to a physician's supervision, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or parents, and laboratory testing in keeping with prevailing medical standards. (2) `Policy' means any health care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy. (b) Every insurer authorized to issue an individual accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each basic medical or hospital expense, major medical, or comprehensive medical expense policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be

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covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to individual basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000. SECTION 4 . Said title is further amended by adding immediately following Code Section 33-30-4.3, relating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds, a new Code Section 33-30-4.4 to read as follows: 33-30-4.4. (a) As used in this Code section, the term: (1) `Child wellness services' means the periodic review of a child's physical and emotional status conducted by a physician or conducted

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pursuant to a physician's supervision, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or parents, and laboratory testing in keeping with prevailing medical standards. (2) `Policy' means any medical expense plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness policy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy. (b) Every insurer authorized to issue a group accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such basic medical or hospital expense, major medical, and comprehensive medical expense insurance policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to group basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service

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corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000. SECTION 5 . Said title is further amended by striking subsection (a) of Code Section 33-38-2, relating to the scope of coverage under the Georgia Life and Health Guaranty Association, and inserting in lieu thereof a new subsection (a) to read as follows: (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, annuity, and supplemental policies or contracts, for certificates under direct group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts, and any immediate or deferred annuity contracts. SECTION 6 . Said title is further amended by striking paragraph (10) of Code Section 33-38-4, relating to definitions used in Chapter 38, and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Member insurer' means any insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A nonprofit hospital or medical service corporation; (B) A health care corporation; (C) A health maintenance organization;

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(D) A fraternal benefit society; (E) A mandatory state pooling plan; (F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; or (H) Any entity similar to those described in subparagraphs (A) through (G) of this paragraph. SECTION 7 . Said title is further amended by striking paragraph (1) of Code Section 33-48-2, relating to definitions used with regard to producer controlled property and casualty insurers, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Control' or `controlled' shall have the same meaning as provided in paragraph (3) of Code Section 33-13-1, relating to definitions used with regard to insurance company holding systems. SECTION 8 . Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows: CHAPTER 54 33-54-1. (a) Every insurer domiciled in this state shall file a report with the Commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the Commissioner for review, approval, or information purposes pursuant to other provisions of this title, regulations, or other requirements. (b) (1) The report required in subsection (a) of this Code section is due within 15 days after the end of the calendar month in which any of the covered transactions occur. (2) One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with: (A) The Commissioner of Insurance; and (B) The National Association of Insurance Commissioners. (c) All reports obtained by or disclosed to the Commissioner pursuant to this Code section shall be given confidential treatment, shall not be

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subject to subpoena, and shall not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer who would be affected thereby notice and an 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 thereof in such manner as he or she may deem appropriate. 33-54-2. (a) No acquisitions or dispositions of assets need be reported pursuant to Code Section 33-54-1 if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting insurer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile. (b) (1) Asset acquisitions subject to this chapter include every purchase, lease, exchange, merger, consolidation, succession, or other acquisition other than the construction or development of real property by or for the reporting insurer or the acquisition of materials for such purpose. (2) Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment for the benefit of creditors or otherwise, abandonment, destruction, or other disposition. (c) (1) The following information is required to be disclosed in any report of a material acquisition or disposition of assets: (A) Date of the transaction; (B) Manner of acquisition or disposition; (C) Description of the assets involved; (D) Nature and amount of the consideration given or received; (E) Purpose of or reason for the transaction; (F) Manner by which the amount of consideration was determined; (G) Gain or loss recognized or realized as a result of the transaction; and (H) Name or names of the person or persons from whom the assets were acquired or to whom they were disposed.

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(2) Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus. 33-54-3. (a) Nonrenewals, cancellations, or revisions of ceded reinsurance agreements shall not be required to be reported pursuant to Code Section 33-54-1 if the nonrenewals, cancellations, or revisions are not material. For purposes of this chapter, a material nonrenewal, cancellation, or revision is one that affects: (1) With respect to property and casualty business, including accident and health business written by a property and casualty insurer: (A) More than 50 percent of the insurer's total ceded written premium; or (B) More than 50 percent of the insurer's total ceded indemnity and loss adjustment reserves; (2) With respect to life, annuity, and accident and sickness business, more than 50 percent of the total reserve credit taken for business ceded on an annualized basis, as indicated in the insurer's most recent annual statement; or (3) With respect to either property and casualty or life, annuity, and accident and sickness business, either of the following events shall constitute a material revision which must be reported: (A) An authorized reinsurer representing more than 10 percent of a total cession is replaced by one or more unauthorized reinsurers; or (B) Previously established collateral requirements have been reduced or waived as respects one or more unauthorized reinsurers representing collectively more than 10 percent of a total cession. (b) Notwithstanding the provisions of subsection (a) of this Code section, no filing shall be required if: (1) With respect to property and casualty business, including accident and sickness business written by a property and casualty insurer, the

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insurer's total written premium represents, on an annualized basis, less than 10 percent of its total written premium for direct and assumed business; or (2) With respect to life, annuity, and accident and sickness business, the total reserve credit taken for business ceded represents, on an annualized basis, less than 10 percent of the statutory reserve requirement prior to any cession. (c) (1) The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements: (A) The effective date of the nonrenewal, cancellation, or revision; (B) The description of the transaction with an identification of the initiator thereof; (C) The purpose of or reason for the transaction; and (D) The identity of the replacement reinsurers, if applicable. (2) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus. SECTION 9 . Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, is amended by striking subparagraphs (a)(3)(C) and (a)(3)(D) of said Code section and inserting in lieu thereof new subparagraphs (a)(3)(C) and (a)(3)(D) to read as follows: (C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1, 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of at least $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1, 33-11-20,

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33-11-21, and 33-11-25, which relate to various types of authorized investments for insurers. (D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after December 31, 1995, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph. SECTION 10 . In the event another Act requiring insurance coverage for child wellness services is enacted by the General Assembly during the 1995 regular session, it is the specific intent of the General Assembly that Sections 3 and 4 of this Act requiring insurance coverage for child wellness services shall be given effect and shall control over the provisions of such other Act requiring such coverage. SECTION 11 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. COURTS TERMINATION OF PARENTAL RIGHTS; TIMELY DISPOSITION. Code Section 15-11-93 Enacted. No. 502 (House Bill No. 495). AN ACT To amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to provide that all proceedings relevant thereto shall be concluded within one year; to provide for exceptions; to provide for related matters; to provide

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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 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by adding a new Code section at the end thereof to be designated Code Section 15-11-93 to read as follows: 15-11-93. All hearings contemplated by this article shall be conducted in an expedient manner. An order of disposition shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 15-11-82, provided that no just cause has been shown for delay. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order. SECTION 2 . This Act shall become effective on July 1, 1995, and shall apply to all petitions for termination of parental rights filed on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. EVIDENCE DEPOSITIONS TO PRESERVE TESTIMONY IN CRIMINAL CASES; DEPOSITIONS OF PHYSICIANS IN CHILD ABUSE AND MOLESTATION CASES. Code Section 24-10-130 Amended. No. 503 (House Bill No. 290). AN ACT To amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to provide the opportunity to the prosecuting attorney or counsel for the defendant to take the deposition of a physician in child abuse and molestation cases to be used at trial; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, is amended by striking subsections (a), (b), and (c) and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a)(1) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. (2) At any time after a defendant has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of any physician whose testimony is relevant to such charge be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. (b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code Section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness: (1) Is in imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention. (c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and must state: (1) The nature of the offense charged;

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(2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted; (4) That the testimony of the witness is material to the case or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section. SECTION 2 . This Act shall become effective on July 1, 1995, and shall apply to all cases filed on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. COMMERCE AND TRADE DECLARED STATE OF EMERGENCY; CERTAIN SALES PROHIBITED AFTER EMERGENCY DECLARED; LOCAL REGISTRATION OF BUSINESSES DURING DECLARED STATE OF EMERGENCY. Code Sections 10-1-393.4 and 38-3-56 Enacted. Code Section 10-1-397 Amended. No. 504 (House Bill No. 283). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, so as to provide that it shall be an unfair and deceptive business practice to sell goods or services in an area in which a state of emergency has been declared at a price higher than such goods or services sold for prior to such declaration; to provide for exceptions; to provide for penalties; to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers during declared states of emergencies, so as to provide that the governing authorities of counties and municipal corporations may by ordinance provide for the registration of businesses during a declared state of emergency; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by inserting immediately following Code Section 10-1-393.3 a new Code section to read as follows: 10-1-393.4. (a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for as long as such state of emergency exists, to sell or offer for sale at retail any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency. SECTION 2 . Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders and to impose civil penalties, and inserting in lieu thereof the following: (a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, Code Section 10-1-393.4, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she may: (1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed: (A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or

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(B) Issue an order against a person who willfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable. SECTION 3 . Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers during declared states of emergency, is amended by inserting at the end thereof a new Code section to read as follows: 38-3-56. Notwithstanding any other provisions of law, the governing authority of any county or municipality may provide by ordinance for a program of emergency registration of all or certain designated classes of businesses doing business in the county or municipality during a state of emergency declared by the Governor. Such ordinance may be implemented for a period during which the state of emergency continues and for a subsequent recovery period of up to three months at the direction of the governing authority. In any county or municipality adopting such an ordinance, no business subject to the ordinance may do business in the county or municipality without first registering in conformance with the provisions of the ordinance. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995.

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LABOR AND INDUSTRIAL RELATIONS INSURANCE OF WORKERS' COMPENSATION LIABILITY; APPORTIONMENT AND ASSIGNMENT OF REJECTED POLICIES. Code Section 34-9-133 Amended. No. 505 (Senate Bill No. 326). AN ACT To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to provide that rates under the assigned risk plan for workers' compensation shall be set at certain levels in accordance with accepted actuarial standards; to provide a definition; to provide standards for rates and policies under the assigned risk plan for workers' compensation; to provide that the administrator of such plan shall prepare annually an actuarial certification of the plan operations for the prior year; to provide for surcharges in the event of a deficit with regard to the plan; to provide for rules and regulations; to provide for other matters relating to the assigned risk plan for workers' compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, is amended by striking Code Section 34-9-133, relating to the apportionment and assignment of rejected risks, and inserting in its place a new Code Section 34-9-133 to read as follows: 34-9-133. (a) The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immediately assign an insurer to write such risk. The Commissioner of Insurance shall establish separate categories of risks rejected as the result of insufficient prior workers' compensation experience, risks rejected for

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factors other than workers' compensation loss experience, and risks rejected as the result of poor workers' compensation experience. Where such assignment has been made under the aforementioned method, the board shall not make the assignment. (b) The method of apportioning and assigning rejected workers' compensation insurance policies provided in subsection (a) of this Code section shall include the assignment and apportionment of such policies covering vendors who provide logging services to a named insured or covering an association of such vendors. (c) (1) The method of apportioning and assigning rejected workers' compensation insurance policies provided in subsections (a) and (b) of this Code section shall be known as the `Workers' Compensation Assigned Risk Insurance Plan' or `Plan.' All policies issued under the Plan shall have the words `Georgia Workers' Compensation Assigned Risk Plan' placed in bold letters on the policy declarations page to ensure that rejected risks know that the policy has been issued in the Plan. (2) For Plan policies with effective dates on or after January 1, 1996, the Commissioner of Insurance shall approve and implement a plan which establishes rates adequate to eliminate any Plan operating deficit by January 1, 1999. (3) Such Plan shall be revised annually by the Plan administrator and presented to the Commissioner of Insurance for approval. (4) Such Plan shall include, to the extent adequate to reduce the Plan operating deficit: (A) Rating plans, procedures, and requirements placed on Plan policyholders; and (B) Procedures and requirements placed on Plan insurers and the Plan administrator. (5) Such Plan shall also include, but not be limited to: (A) Plan policy assessments and surcharges; (B) Credits for policyholders who have had no lost-time claims; (C) A system of credits against assessment or participation of insurers for the voluntary writing of a risk or risks which are currently insured through the Plan; (D) Provisions that the type or level of services by an insurer for Plan policyholders shall be no less than such type or level of services of such insurer for its policyholders not in the Plan; and (E) Provisions for safety programs to be implemented by policy-holders in cooperation with their insurer.

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(d) The Plan required by subsection (c) of this Code section shall be structured, to the extent possible, so as to reduce the operating deficit of the Plan proportionately each year from January 1, 1996, through January 1, 1999. (e) Notwithstanding anything to the contrary provided in subsections (c) or (d) of this Code section, the Commissioner of Insurance shall have the discretion to waive all or any portion of the Plan policy assessments and surcharges described in subsection (c) of this Code section if the operating deficit of the Plan for a respective Plan policy year improves by at least 15 percent as compared to the deficit for such Plan policy year calculated based upon rates in effect for the immediately preceding Plan policy year. (f) For Plan policies with effective dates on or after January 1, 1999, the aggregate of all revenues received from rates and rating plans charged to participants who are insured under the Plan shall be set so that the amount received in premiums, together with reasonable investment income earned on those premiums, shall be sufficient to pay claims and reasonable expenses of providing coverage under the Plan and to establish appropriate levels of loss reserves, all in accordance with actuarial standards, including consideration of the effects of subsection (c) of this Code section. For purposes of this Code section, the term `actuarial standards' means standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance Ratemaking and the Standards of Practice adopted by the Actuarial Standards Board. Any premium or surcharge collected by the Plan in excess of the amount necessary to fund the projected ultimate losses and expenses of the Plan shall be refunded to the policyholders or applied to reduce premiums. (g) Notwithstanding Code Sections 33-9-8 and 33-9-21, the Commissioner of Insurance shall cause the implementation of rates for policies issued pursuant to the Plan which are sufficient to conform with the requirements of paragraphs (1) and (2) of subsection (c) of this Code section. (h) On or before December 15, 1995, and each subsequent year, the Commissioner of Insurance shall submit a report to the appropriate standing committees of the General Assembly concerning the status and results of operation of the Plan. Such report shall include but not be limited to a report on the Plan deficit, burden and trends in reducing such deficit, number of policies and amount of premium underwritten by the Plan, rating of such policies based upon the three-tier rating program, his or her estimate of the effect of policyholder safety committees on policyholder loss experience, operation of workers' compensation insurance specialty markets in this state, impact of the servicing carrier remedial program and results of servicing carrier incentives and disincentives, review of the efficiency of the servicing

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carrier bid program, and any other information the Commissioner of Insurance or the respective chairpersons of such standing committees deem necessary to evaluate the Plan and the workers' compensation insurance market in this state. (i) On or before July 1, 1995, the Commissioner of Insurance shall promulgate rules and regulations to implement this Code section. Such rules and regulations shall include the system of credits required by subparagraph (c)(5)(C) of this Code section, which credits shall not be less than the following: (1) For policies with an annual premium of $7,500.00 or less, a credit of four times the amount of such annual premium; (2) For policies with an annual premium of at least $7,501.00, but not exceeding $15,000.00, a credit of three times the amount of such annual premium; (3) For policies with an annual premium of at least $15,001.00, but not exceeding $25,000.00, a credit of two times the amount of such annual premium; (4) For policies with an annual premium of at least $25,001.00, but not exceeding $200,000.00, a credit of one and one-half times the amount of such annual premium; or (5) For policies with an annual premium of $200,001.00 or greater, a credit of the amount of such annual premium. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. PROPERTY DISPOSITION OF UNCLAIMED PROPERTY; RESTRICTIONS ON SERVICE CHARGES IMPOSED BY BANKS ON CERTAIN OUTSTANDING INSTRUMENTS. Code Sections 44-12-196 and 7-1-372 Amended. No. 506 (House Bill No. 791). AN ACT To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as

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to allow the charging of service charges on an instrument on which a banking or financial organization is directly liable for a period of 12 months immediately following a two-year period of time in which the instrument is not presented for payment; to provide that a banking or financial organization shall not impose any service charges on such instrument, except for charges imposed relative to issuance, unless such instrument is not presented for payment within two years of the date of issuance; to amend Part 7 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking depositories, reserves, and remissions, so as to cross-reference the service charge authorized by Code Section 44-12-196; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, is amended by striking Code Section 44-12-196, relating to when instruments on which a banking or financial organization is directly liable are presumed abandoned, and inserting in lieu thereof a new Code Section 44-12-196 to read as follows: 44-12-196. Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period. SECTION 2 . Part 7 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking depositories, reserves, and remissions, is amended by striking Code Section 7-1-372, relating to the remission of checks at par and collection charges, and inserting in lieu thereof a new Code Section 7-1-372 to read as follows:

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7-1-372. A commercial bank shall pay all checks drawn on it at par and shall make no charge for the payment of such checks; provided, however, it may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item and may impose a service charge as authorized by Code Section 44-12-196, relating to when an instrument on which a banking or financial organization is directly liable is presumed abandoned. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1995. EDUCATORS TECHNOLOGY TRAINING COMMISSION CREATION. No. 55 (Senate Resolution No. 122). A RESOLUTION Creating the Educators Technology Training Commission; providing for the commission to undertake a comprehensive study and develop a comprehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and operation of the commission; authorizing the appropriation of funds to the commission and the provision of state funds to the commission; providing for the expenditure of funds by the commission; providing for the provision of services to the commission; providing for related matters; and for other purposes. WHEREAS, new and emerging technology offers the potential for vitally important improvements in education in Georgia; and WHEREAS, an essential element in the fulfillment of such potential is the development and implementation of a comprehensive plan for the training of educators in the use of technology. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is created the Educators Technology Training Commission to be composed of 14 members. Three members shall be appointed by the Governor. One member shall be appointed by the Board of Regents of the University System of Georgia. One member shall be appointed by the State Board of Education. One member shall be appointed by the State Board of

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Technical and Adult Education. Four members shall be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. Four members shall be members of the Senate to be appointed by the President of the Senate. The Governor shall designate a member of the commission to serve as chairperson of the commission. The commission shall meet at the call of the chair. SECTION 2 . The commission shall undertake a comprehensive study of the needs of the state with respect to the training of educators in the use of technology and shall develop a comprehensive plan for meeting those needs. Without limiting the generality of the foregoing, such study and plan shall specifically address the methods, facilities, and personnel necessary to meet such needs and the provision of such methods, facilities, and personnel from existing state resources or new sources or both. Such study and plan shall also specifically address the funding necessary to meet such needs and include a plan for the provision of such funding, either through reallocation of existing funding or new funding or both. The commission may issue interim reports of its study and findings as deemed appropriate and shall issue at least one report of its study and findings prior to January 15, 1996. SECTION 3 . The General Assembly is authorized to appropriate funds to the commission for the purposes of this resolution. In addition, any officer, agency, or department of the state may make available to the commission for purposes of this resolution funds appropriated or available to such officer, agency, or department. Without limiting the generality of the foregoing, it is specifically provided that the Governor, the Board of Regents of the University System of Georgia, the State Board of Education, the Board of Technical and Adult Education, and the legislative branch acting through its Legislative Services Committee, or any combination thereof, may so make funds available to the commission. Any funds so appropriated or made available to the commission may be expended by the commission in such manner as may be determined by the commission. SECTION 4 . The commission is authorized to contract for and engage the services of experts, consultants, and staff as may be deemed appropriate for the purposes of this resolution. The commission may also request the provision of services for purposes of this resolution by any officer, agency, or department of state government, and all officers, agencies, and departments of state government shall cooperate with the commission and provide services so requested to the maximum extent possible. SECTION 5 . (a) 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

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and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. (b) The legislative members of the commission and any members of the commission who are not state officers or employees shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to pay such allowances to legislative members and private members shall come from the funds appropriated to the House of Representatives for members of the House, from funds appropriated to the Senate for members of the Senate, and from legislative funds for ancillary services in the case of private members. (c) Any members of the commission who are state officers or employees shall receive no additional compensation for service on the commission but may be reimbursed for expenses incurred in service on the commission by their respective employing agencies. SECTION 6 . This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . The commission shall stand abolished at the adjournment sine die of the 1996 session of the General Assembly unless extended by resolution of the General Assembly approved by the Governor prior to that time. Approved April 21, 1995. STATE PROPERTY RHODES MEMORIAL HALL; RENTAL TO THE GEORGIA TRUST FOR HISTORIC PRESERVATION, INC. No. 56 (House Resolution No. 81). A RESOLUTION Authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.; to provide an effective date and automatic repeal; and for other purposes. WHEREAS, on June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker, as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes, and as sole heirs at law of A. G. Rhodes, conveyed by a deed recorded in Deed Book 1275, page 323, in the office

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of the clerk of the Superior Court of Fulton County, Georgia, that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall; and WHEREAS, the operation of Rhodes Memorial Hall has been administered by the Department of Archives and History, a division of the office of the Secretary of State; and WHEREAS, The Georgia Trust For Historic Preservation, Inc., hereinafter throughout this resolution referred to as the Trust, is a nonprofit Georgia corporation dedicated to promoting the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the Secretary of State; and WHEREAS, under a rental agreement dated July 19, 1983, with the State Properties Commission, which is acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the office of the Secretary of State of the State of Georgia, the Trust is occupying and using Rhodes Memorial Hall as its headquarters, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and WHEREAS, all parties to the said rental agreement desire that such Trust continue to occupy and use Rhodes Memorial Hall for a term which shall end not later than 50 years after the execution of such agreement; and WHEREAS, it is in the best interest of the State of Georgia that such Trust continue to occupy and use Rhodes Memorial Hall in order to promote the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia is the owner of a defeasible fee interest in that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall. SECTION 2 . That the State Properties Commission, acting for and on behalf of the State of Georgia, is authorized and empowered to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, with The Georgia Trust For Historic Preservation, Inc., for the occupancy and use of Rhodes Memorial Hall.

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SECTION 3 . That as partial consideration for the said rental agreement, The Georgia Trust For Historic Preservation, Inc., shall promise the following: (1) That the term of the said rental agreement shall end not later than 50 years after the execution of such agreement; (2) That The Georgia Trust For Historic Preservation, Inc., will occupy and use Rhodes Memorial Hall as its headquarters, and, for the benefit of the public, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and (3) That The Georgia Trust For Historic Preservation, Inc., covenant in the said rental agreement that it shall use good faith efforts, so that its occupancy and use of Rhodes Memorial Hall will at all times comply with the conditions set forth in the above-referenced deed conveying Rhodes Memorial Hall to the State of Georgia. SECTION 4 . That total consideration for said rental agreement, including obligations assumed, services provided, monetary consideration, and such other valuable consideration as may be agreeable to the parties shall be equal to the fair market value of the rental agreement. SECTION 5 . That the said rental agreement shall be upon such other terms and conditions as the State Properties Commission shall prescribe to be in the best interests of the State of Georgia. SECTION 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessary to effect such rental agreement. SECTION 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that if no rental agreement has been executed pursuant to the terms of this resolution prior to September 1, 1998, this resolution shall be automatically repealed. Approved April 21, 1995.